reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.09 - Formal Resolution of an Inmate Complaint - Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for formal resolution of a complaint under this chapter may be filed only by an inmate.
B. An inmate seeking formal resolution of a complaint under this chapter, as soon as possible, but no later than 30 days after the date of the incident resulting in the complaint or the date the inmate first had knowledge of the incident, whichever is later, shall:
(1) Document the request in writing using an Administrative Remedy Procedure Request for Administrative Remedy form (Request form); and
(2) Submit the completed Request form in accordance with the managing official's written instructions.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.10 - Formal Resolution of an Inmate Complaint - Preliminary Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Facility Preliminary Review of a Request Form.
(1) Within 5 working days of the date of receipt of a Request form by the managing official, the facility ARC shall:
(a) Assign a case number to the request according to requirements established in Regulation .19 of this chapter;
(b) Index the request according to requirements established in Regulation .19 of this chapter; and
(c) Review the request to determine if the request:
(i) Is frivolous or malicious;
(ii) Is complete and submitted according to requirements under this chapter;
(iii) Is eligible for resolution under this chapter; and
(iv) Has been submitted within established time requirements; and
(d) Take action required under §A(2) or (3) of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.11 - Procedural Dismissal on Preliminary Review - Resubmission

Current through Register Vol. 51, No. 14, July 12, 2024
A. Incomplete Request - Eligible for Resubmission.
(1) A dismissal on preliminary review of a Request form may be resubmitted if the procedural dismissal on preliminary review is based on:
(a) An incomplete request form; or
(b) A requirement for more information than that provided on the Request form.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.12 - Formal Resolution of an Inmate Complaint - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a Request form is not procedurally dismissed under this chapter, a facility ARC:
(1) On the date the Request form is indexed, shall:
(a) Complete and send the receipt portion of the Request form to the inmate; and
(b) Review the request to determine the nature of the Request form in order to assign the investigation to the unit liaison familiar with the area or subject matter that is the basis of the Request form.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.13 - Request for Formal Resolution of an Inmate Complaint - Remedy

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an inmate complaint is meritorious or meritorious in part, the response by the managing official shall include a remedy.
B. A remedy to resolve an inmate complaint may include:
(1) If the nature of the inmate complaint relates to substance of policy, rule, or procedure:
(a) Appropriate amendments that are communicated effectively and promptly to appropriate individuals; and
(b) Instructions for implementing change;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.14 - Appeal - Requesting

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate filing a request for formal resolution of an inmate complaint may appeal to the Commissioner:
(1) A procedural dismissal on preliminary review of the Request form;
(2) The managing official's failure to provide a response within established time requirements; and
(3) A decision by the managing official contained in the response to the Request form.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.15 - Appeals - Preliminary Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Headquarters ARC shall conduct a preliminary review of an appeal submitted in accordance with this chapter following the applicable procedures established under Regulation .10 of this chapter for a preliminary review of a Request form received by a managing official.
B. If the Headquarters ARC procedurally dismisses on preliminary review an appeal under §A of this regulation, the Headquarters ARC shall comply with applicable requirements established under Regulations .10 and .11 of this chapter for procedurally dismissing on preliminary review a Request form received by a managing official.
C. The Headquarters ARC shall procedurally dismiss on preliminary review, without the opportunity for re-submission, a properly submitted appeal challenging a managing official's procedural dismissal on preliminary review of a Request form if, after reviewing the managing official's rationale, the Headquarters ARC agrees with the managing official's decision.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.16 - Appeals - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appeal accepted by the Headquarters ARC shall be investigated.
(1) Except for a Request form dismissed in accordance with Regulation .11 of this chapter, an investigation of an appeal under this chapter shall be limited to the issues identified in the initial Request form.
(2) On the date the Headquarters ARC indexes the appeal, the Headquarters ARC shall process the appeal for investigation using appeal related forms and documents according to applicable requirements under Regulation .12 of this chapter for investigating a Request form received by a managing official.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.17 - Appeals - Remedy

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner, or a designee, shall respond in writing to an appeal within 30 calendar days of the date the inmate files the appeal.
B. If an appeal is found to be meritorious or meritorious in part, the response by the Commissioner shall include a remedy.
C. A remedy for an appeal may include:
(1) Actions identified under Regulation .13 of this chapter for a Request form received by a managing official; or
(2) Other action consistent with the purpose of the ARP.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.18 - Appeals - Inmate Grievance Office

Current through Register Vol. 51, No. 14, July 12, 2024
An inmate may seek review by the Inmate Grievance Office according to procedures under COMAR 12.07.01 of a decision by the Commissioner or the failure of the Commissioner to file a response to an appeal within the time frame established under §A of Regulation . 17 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.19 - Documentation - Filing - Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Case Indexing.
(1) The Headquarters ARC and each facility ARC shall maintain an index of Request forms and, at Headquarters, appeals.
(2) The Commissioner shall determine the format and content of the index.
(3) The Headquarters ARC and each facility ARC shall establish a new index for each calendar month to record information concerning Request forms received at either level and appeals received by Headquarters.
(4) The Headquarters ARC and a facility ARC shall index each Request form received at either level and an appeal received by Headquarters within 5 working days of the date recorded on the Request form or appeal.
(5) The index shall record for each case:
(a) The name of the inmate filing the request and the inmate's identification number;
(b) The case number that consists of:
(i) The correctional facility's acronym in upper case followed by a dash;
(ii) A four digit sequential number beginning with 0001 on January 1st of each calendar year followed by a dash; and
(iii) The last 2 digits representing the calendar year;
(c) The date that the case is indexed;
(d) If appropriate, information concerning procedural dismissal on preliminary review;
(e) If appropriate the date a re-submission or non-concurrence decision is indexed;
(f) The most appropriate subject codes indicating the nature of the complaint (only 2 codes may be used);
(g) If the case is accepted for processing, an abstract of the complaint;
(h) The date the managing official or Commissioner:
(i) Signed the response to the inmate complaint; or
(ii) Procedurally dismissed the complaint;
(i) The date the inmate signed the response indicating receipt of the response from the managing official;
(j) The final disposition of the inmate complaint; and
(k) Other information related to the case, such as:
(i) A brief description of the complaint;
(ii) Justification for a procedural dismissal; and
(iii) The date a resubmittal is due.
(6) The Headquarters ARC and a facility ARC shall update the index at the time new information is received concerning a case.
(7) A facility ARC shall:
(a) By the tenth working day of each month, forward a copy of the index for the previous month to the Headquarters ARC; and
(b) When dispositions have been recorded for all cases on a monthly index, forward a copy of the completed index to the Headquarters ARC.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.20 - Audits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner, or a designee, shall establish:
(1) A system to audit the ARP at each correctional facility; and
(2) A schedule for audits authorized under this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.29 - Inmates Convicted as Adults While Younger than 18 Years Old › Section 12.02.29.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies solely to an inmate convicted of a crime that the inmate committed while younger than 18 years old and for which the inmate was sentenced to life imprisonment.
B. This regulation supersedes any conflicting regulation or policy.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.29 - Inmates Convicted as Adults While Younger than 18 Years Old › Section 12.02.29.02 - 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) "Case manager" means the case management specialist assigned to an inmate during the case management process.
(2) "Commissioner" means the Commissioner of Correction.
(3) "Division" means the Division of Correction.
(4) "Inmate" has the meaning stated in Correctional Services Article, §
										1-101, Annotated Code of Maryland.
(5) "Inmate case record" means documentation assembled, maintained, and used under Correctional Services Article, §
										3-601, Annotated Code of Maryland.
(6) "Juvenile lifer" means an inmate serving a life sentence for a crime committed while younger than 18 years old.
(7) "Outside detail" means a work assignment at a location other than the facility where an inmate is housed, and during which the inmate is under the direct supervision of a correctional officer.
(8) "Programming" means the process of placing an inmate in programs that address the inmate's risks and needs.
(9) Release.
(a) "Release" means any type of discharge from custody of the Division.
(b) "Release" includes administrative release, parole, court ordered release, mandatory supervision release, expiration of sentence, work release, and community leave.
(c) "Release" does not include an escape.
(10) "Release date" means the date a juvenile lifer may be released from incarceration if the juvenile lifer:
(a) Has been conditionally approved for parole by the Governor; or
(b) Is entitled to release on mandatory supervision.
(11) "Secretary" means the Secretary of Public Safety and Correctional Services.
(12) "Security" means a correctional facility's physical features which help control inmate behavior and prevent escape.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.29 - Inmates Convicted as Adults While Younger than 18 Years Old › Section 12.02.29.03 - Classification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Security Classification.
(1) Upon intake of a juvenile lifer to a Division correctional facility and in accordance with the procedures established in COMAR 12.02.24, a case manager shall use the Division's initial security classification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02.
(2) A Division case manager shall assign the juvenile lifer to the least restrictive security level consistent with the:
(a) Outcome of the security classification instrument;
(b) Identified risk and needs;
(c) Public safety; and
(d) Safe and orderly operation of the facility.
(3) After a juvenile lifer's initial classification, eligibility for a less restrictive security level that includes participation in an outside detail, a work release program, or specific programs shall be determined during the juvenile lifer's annual classification status review in accordance with the Case Management Manual and other applicable directives and regulations.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.29 - Inmates Convicted as Adults While Younger than 18 Years Old › Section 12.02.29.04 - Program Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Juvenile Lifer with a Release Date.
(1) A juvenile lifer who has a release date shall be eligible for an outside detail or the work release program, if approved by the Commissioner, or the Commissioner's designee.
(2) If the Commissioner, or the Commissioner's designee, denies a juvenile lifer's participation in an outside detail or the work release program, the Commissioner, or the Commissioner's designee, shall:
(a) Document the reason for the denial in the inmate's case record; and
(b) Provide the juvenile lifer with a written explanation of the reason for the decision.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary of Public Safety and Correctional Services (Secretary), the Commissioner of Correction, the Director of Patuxent Institution, and the Commissioner of Pretrial Detention and Services have adopted the following inmate disciplinary regulations that:
(1) Establish:
(a) The process under which an inmate may be disciplined for non-compliance with a rule, policy, procedure, regulation, or statute or as otherwise provided by law;
(b) The duties and responsibilities of Department of Public Safety and Correctional Services (Department) staff under the inmate disciplinary process; and
(c) The authority for Department staff to exercise and carry out duties and responsibilities of the inmate disciplinary process; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.03 - Inmate Compliance Requirements, and Time and Procedure Requirements - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inmate Compliance Requirement.
(1) An inmate shall comply with a rule, policy, procedure, regulation, or statute or other provision of law that may have been enabled by or for:
(a) A government;
(b) The Department;
(c) The facility to which the inmate is assigned;
(d) An authority where the inmate may be located, in the custody of, assigned to, or housed when outside the facility, in the community, or a location other than in the Department; or
(e) The program to which the inmate may be assigned or is voluntarily participating.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.04 - Inmate Rule Violation Summary

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inmate Rule Violation. - The Department has adopted an inmate rule violation summary to ensure:
(1) Staff and inmate knowledge of conduct prohibited by the Department; and
(2) Inmate compliance as required by Regulation . 03 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.05 - Pre-Discipttnary Proceeding Procedures - Pre-Disciplinary Proceeding Phase - Investigating and Reporting an Inmate Rule Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Investigation.
(1) Staff shall initiate an investigation when there is cause to believe that an inmate is non-compliant and has committed an inmate rule violation.
(2) As part of the investigation, staff shall attempt to:
(a) Determine the facts and circumstances of the event;
(b) Identify the inmate's alleged conduct and inmate rule violation committed;
(c) Identify a witness who may have factual knowledge of the reported event and alleged inmate rule violation; and
(d) Identify, secure, and preserve evidence regarding the reported event and the alleged inmate rule violation.
(3) An investigation under this regulation may include, but not be limited to:
(a) A verbal or written event report to the shift supervisor or commander; or
(b) An investigation that requires a period of time to:
(i) Interview a witness;
(ii) Gather evidence;
(iii) Determine the facts of the event as to what occurred;
(iv) Identify individuals involved; and
(v) Select the possible inmate rule violation or violations under Regulation .04 of this chapter to be charged.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.06 - Pre-Disciplinary Proceeding Procedures - Service of Notice of Inmate Rule Violation Form and Notice of Inmate Disciplinary Hearing Form or Notice of Offer of Informal Resolution Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. Staff shall serve a defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form before the defendant appears before a hearing officer.
B. Staff Service Responsibilities.
(1) Staff assigned to serve a defendant with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Re solution form shall:
(a) Serve the applicable forms on the defendant within 24 hours of the final review of the shift supervisor or, if applicable, the shift commander.
(b) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form.
(c) Retain possession of and not provide the defendant with an attachment or other evidence submitted with the Notice of Inmate Rule Violation form, which may include, but may not limited to, a:
(i) Report;
(ii) Document;
(iii) Record;
(iv) Form;
(v) Documented verbal or written statement;
(vi) Photograph;
(vii) Video;
(viii) Telephone conversation; or
(ix) Evidence related to the reported event, the inmate rule violation charged, or reported conduct of the defendant.
(d) Forward an attachment and other evidence submitted with the Notice of Inmate Rule Violation form to, if designated, the facility representative or staff designated by the managing official, or a designee, who shall:
(i) Maintain the attachment and other evidence in a secure location designated by the shift supervisor or, if applicable, the shift commander; and
(ii) Present the attachment and other evidence at the time the defendant appears before the hearing officer for a preliminary review.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.07 - Pre-Disciplinary Proceeding Procedure - Hearing Docket

Current through Register Vol. 51, No. 14, July 12, 2024
A. The facility managing official, or a designee, shall ensure that:
(1) Staff is designated to establish a hearing docket to schedule the appearance of a defendant before the hearing officer for a preliminary hearing; and
(2) The preliminary hearing is scheduled to occur within 7 business days of service of Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.08 - Pre-Disciplinary Proceeding Procedure - Mental Health Hearing Docket

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the defendant is assigned to a mental health unit in the facility or in the community, staff designated to schedule a hearing shall hold the defendant's appearance before the hearing officer in abeyance until the defendant is released from the mental health treatment facility, except when mental health staff provide documentation that the defendant is competent to participate in a disciplinary proceeding.
B. If the defendant is housed in a facility mental health unit for more than 30 calendar days, staff designated to schedule a hearing shall contact the facility's mental health staff and request a determination whether the defendant is competent to participate in a disciplinary proceeding and if mental health staff document that the defendant:
(1) Is competent to participate in a disciplinary proceeding, the defendant shall be scheduled for appearance before the hearing officer.
(2) Was not competent at the time of the alleged inmate rule violation or is not currently competent to participate in a disciplinary proceeding, or is housed in a community mental health unit for more than 30 calendar days:
(a) The disciplinary proceeding shall be scheduled in absentia; and
(b) The hearing officer shall enter a disposition of "Not Competent" and the disciplinary proceeding shall be concluded.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.09 - Disciplinary Proceeding Procedures Phase - Special Needs Inmate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Interpreters.
(1) If raised as an issue by the defendant, the hearing officer shall make a finding as to whether or not the defendant has the need for an interpreter before moving forward with the disciplinary proceeding.
(2) The hearing officer may consult with medical and case management, without the defendant present, in order to determine if an interpreter is necessary.
(3) If an interpreter is required:
(a) An inmate may not serve as an interpreter under this chapter.
(b) An interpreter may be:
(i) Staff fluent in the preferred language of the defendant; or
(ii) Provided through a State contracted vendor.
(4) After making arrangements for an interpreter, facility staff shall reschedule the defendant's appearance before the hearing officer.
(5) The hearing officer shall administer an affirmation to the interpreter prior to permitting the individual to assume the role as the defendant's interpreter.
(a) The affirmation given shall be stated by the hearing officer to the proposed interpreter as: "Do you solemnly swear or affirm that you will provide an accurate, complete, and impartial interpretation of all statements made during this proceeding to the best of your knowledge and ability. "
(b) After administering the affirmation to the proposed interpreter, the individual shall be required to acknowledge the affirmation in the affirmative prior to the hearing officer permitting that individual to act as the inmate's interpreter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.10 - Disciplinary Proceeding Procedures - Facility Representative

Current through Register Vol. 51, No. 14, July 12, 2024
A. A managing official, or a designee, may elect to designate staff to act as the facility representative to represent the facility's interests during a defendant's disciplinary proceeding.
B. The facility representative, with or without consultation with the shift supervisor or commander, may:
(1) Add additional inmate rule violation charges to the Notice of Inmate Rule Violation form and re-serve the Notice of Inmate Rule Violation form on the defendant either before the disciplinary proceeding or in the preliminary phase of the disciplinary proceeding;
(2) Delete or choose not to pursue charges approved by the shift supervisor or commander;
(3) Correct a technical, procedural, evidentiary, or formatting error found in the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form;
(4) Return the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form to the shift supervisor or shift commander for correction or revision;
(5) Offer an informal resolution to the defendant for any Category III, TV, or V inmate rule violation charged;
(6) Enter into a plea agreement with the defendant for presentation to the hearing officer to resolve the inmate rule violation charged;
(7) Make determinations regarding the release or withholding of the identity of a confidential informant or other security sensitive evidence;
(8) Present argument and evidence to the hearing officer in support of the facility's case presentation as to the defendant's inmate rule violation charged;
(9) Require staff to submit additional reports or present staff to testify concerning information relevant to the defendant's inmate rule violation charged as a witness during the facility's case presentation; and
(10) Appeal to the managing official, or a designee, the hearing officer's decision rendered or sanction imposed if there is cause to believe the hearing officer under this chapter acted erroneously.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.11 - Disciplinary Proceeding Procedures - Hearing Officer

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearing Officer. The hearing officer, as the factfinder, shall be fair and impartial and may:
(1) Interpret Department policy and procedures or the time or procedure requirements under this chapter;
(2) Make applicable rulings at any stage of the disciplinary process based on the hearing officer's interpretation of Department policy and procedures;
(3) Weigh the evidence presented during the evidentiary phase and make findings of fact based upon evidence found credible and reliable by a preponderance of the evidence;
(4) Determine the disposition of each inmate rule violation charged;
(5) Determine the number, period, and effective date of sanctions to be imposed when applicable;
(6) Provide assistance with an investigation or other legal matters that may involve:
(a) The Department;
(b) A law enforcement agency;
(c) The Office of the Attorney General; or
(d) An office of a State or local government agency;
(7) Order the removal of any hearing participant from the location of the disciplinary proceeding if the hearing participant becomes disruptive or becomes a threat to the safety and security of the facility or any other hearing participant; and
(8) Perform other duties as assigned by the hearing officer supervisor or the Secretary, or a designee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.12 - Disciplinary Proceeding Procedures - Preliminary and Evidentiary Phases - Written Record and Audio Recording

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing officer shall be responsible for a record of the defendant's disciplinary proceeding when the defendant is before the hearing officer.
B. The hearing officer shall ensure that both a written record and audio recording are used to document and record a defendant's appearance before the hearing officer.
C. The written and audio record shall only be considered a record of the Department exclusively for the:
(1) Use of staff in the conduct of the Department's daily business;
(2) Record retention requirements of the Department; and
(3) Statutory requirements of the Annotated Code of Maryland regarding documenting the defendant's case record as to the defendant's disciplinary history.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.13 - Disciplinary Proceeding Procedures - Inmate Waiver of Appearance

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a defendant elects not to appear before the hearing officer or to participate in the disciplinary proceeding, the defendant is considered to waive:
(1) The defendant'spreliminary review;
(2) The opportunity to claim a denial of a due process right or claim a violation of a time or procedure requirement applicable to this chapter pursuant to statute, law, or policy;
(3) The ability to attend and participate in all stages of the disciplinary proceeding under the inmate disciplinary process;
(4) The opportunity to make a case presentation and present evidence;
(5) The opportunity to make a presentation regarding appropriate sanctions, if applicable;
(6) The post-disciplinary procedures under this chapter; and
(7) Any and all rights, claims, or procedures normally available to the defendant under the authority of a statute, law, policy, or procedure applicable to the inmate disciplinary process.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.14 - Disciplinary Proceeding Procedures - Preliminary Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Preliminary Review. The matters that may be addressed by the hearing officer, facility representative, if designated, or the defendant at the preliminary review may include, but may not be limited to, one or more of the following:
(1) The inmate rule violation or violations charged;
(2) A representation request;
(3) A witness request;
(4) An evidence request;
(5) A postponement request;
(6) A time or procedure requirement;
(7) The form of the Notice of Inmate Rule Violation or Notice of Inmate Disciplinary Hearing;
(8) Any issues with or arising from the manner of service of process of the documents under §A(l)(g) of this regulation;
(9) An attachment or other evidence review;
(10) Determinations regarding security sensitive evidence or confidential witnesses;
(11) A plea agreement;
(12) An informal resolution; and
(13) A plea by the defendant to the inmate rule violation or violations charged.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.15 - Disciplinary Proceeding Procedures - Preliminary Phase - Dismissing an Inmate Rule Violation Charged

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing officer may only elect to dismiss an inmate rule violation charged based on cause established under this regulation.
B. Time or Procedural. A hearing officer may dismiss an inmate rule violation charged if the defendant established that a time or procedural violation requiring dismissal of an inmate rule violation charged under this chapter has occurred and meets the requirements for a dismissal under §C of Regulation .03 of this chapter.
C. Lack of Evidence or Failure to Make a Prima Facie Case. After reviewing a report, an attachment, or other evidence submitted by the facility representative, if designated, or facility staff, the hearing officer may dismiss an inmate rule violation charged for lack of evidence if the hearing officer determines that the facts as stated in a report, an attachment, or other evidence considered in the light most favorable to the facility and inferences resulting from those facts do not support a finding that the defendant committed the inmate rule violation charged.
D. Technical Defect or Error.
(1) A non-evidentiary defect or error in drafting of either a defendant's copy of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form may not be considered a cause under this regulation to support dismissal of an inmate rule violation charged.
(2) A possible non-evidentiary defect or error may include, but not be limited to, one or more of the following:
(a) An incorrect inmate rule violation charged;
(b) An incorrectly cited date or time reference;
(c) An incorrect inmate control or state identification number or name;
(d) A missing signature on any form;
(e) The absence of a shift supervisor or shift commander review; or
(f) A failure of service on the defendant.
(3) To correct the defect or error, the hearing officer shall inform the facility representative, if designated, or facility staff of the defect or error identified and the need for correction.
(4) After correction, the facility representative, if designated, or facility staff shall:
(a) Provide the defendant with notice consistent with §F of Regulation .05 of this chapter; and
(b) Schedule the defendant for an appearance before the hearing officer.
(5) The identification of a defect or error shall be considered good cause to suspend the inmate disciplinary process until the defect or error is corrected.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.16 - Disciplinary Proceeding Procedures - Preliminary Review - Defendant Request for Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A defendant referred to the hearing officer for a disciplinary proceeding may elect to request representation to assist the defendant during the disciplinary proceeding.
(1) If a defendant requests representation for the inmate disciplinary process and the request is subsequently approved:
(a) All responsibilities established under this chapter for the defendant during the preliminary hearing, case presentation, and sanctioning phase of the disciplinary proceeding become the defendant's representative's responsibilities;
(b) The defendant agrees that the defendant's representative is the agent of the defendant;
(c) The defendant, on review, is bound by the decisions, actions, and presentation of the defendant's representative.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.17 - Disciplinary Proceeding Procedures - Preliminary Review - Witness Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The defendant charged with an inmate rule violation or, if designated, the facility representative or facility staff may make a request that an individual appear as a witness to testify during the case presentation phase of the defendant's disciplinary proceeding.
B. Defendant Request for a Witness.
(1) When served with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, the defendant is required to list the name of the defendant's requested witness in the section of the facility's copy of the Notice of Inmate Disciplinary Hearing form designated for the name of a witness.
(2) The defendant's failure to list a requested witness by name shall be a waiver of the opportunity to request a witness.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.18 - Disciplinary Proceeding Procedures - Preliminary and Evidentiary Phases - Confidential Informant Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual providing information regarding the defendant's inmate rule violation charged may be identified as a confidential informant witness when there is cause to believe that identifying the individual to the defendant is a threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual.
B. A hearing officer may not reveal the identity of a confidential informant witness.
C. If a hearing officer is provided with testimony, a written statement, or a report referring to information received from a confidential informant witness, the hearing officer:
(1) May not share the testimony or documented statement of the confidential informant witness with a defendant or the defendant's representative;
(2) May not reveal the identity of the confidential informant witness to the defendant or the defendant's representative;
(3) May not permit the confidential informant witness to be called as a requested witness at the defendant's disciplinary proceeding by a defendant, defendant's representative, if designated, the facility representative, or facility staff; and
(4) May provide to the defendant or defendant's representative an oral summary of the confidential informant witness's testimony or documented statement that is not specific in detail so as to identify the confidential informant witness.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.19 - Disciplinary Proceeding Procedures - Preliminary Review - Review of Attachment or Other Evidence Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. An attachment or other evidence submitted by staff with or independently of the Notice of Inmate Rule Violation form shall be concluded to be evidence regarding the defendant's inmate rule violation charged.
B. In the interest of security of the facility, Department, or community or safety of an inmate, staff, or an individual, a defendant may be limited in or restricted from examining or possessing an attachment or other evidence.
C. To prevent and avoid accidental, unauthorized, or erroneous release to a defendant, defendant's representative, or loss or misplacement of evidence, staff shall retain custody of the attachment or other evidence until the defendant's appearance before the hearing officer.
D. Staff may not provide the defendant with a copy of an attachment or other evidence when the defendant is served with the defendant's copy of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form.
E. When the defendant appears before the hearing officer for the preliminary review, the hearing officer, while conducting the preliminary review, shall advise the defendant or defendant's representative, of an attachment or other evidence that was submitted by the staff in regard to the inmate rule violation charged.
F. If requested by the defendant, or defendant's representative, the hearing officer shall conduct a review of the attachment or other evidence during the preliminary review to determine if there is cause to believe that the attachment or other evidence is security sensitive and may not be examined or possessed by a defendant or defendant's representative.
G. If the hearing officer determines an attachment or other evidence is not security sensitive the defendant or defendant's representative:
(1) May request to review the attachment or other evidence;
(2) Shall comply with the facility's existing rules or procedures for requesting a copy of an attachment or other evidence; and
(3) May not use a request for a copy of an attachment or other evidence as the basis to request a postponement or a delay in the defendant's disciplinary proceeding.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.20 - Disciplinary Proceeding Procedures - Preliminary Phase - Defendant Plea

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before concluding the preliminary phase of the defendant's disciplinary proceeding, the hearing officer shall request a plea from the defendant as to each inmate rule violation charged.
B. The Plea.
(1) When entering a plea for each inmate rule violation charged, the defendant may enter only one of the following for each inmate rule violation charged:
(a) Guilty;
(b) Not Guilty;
(c) Not Competent; or
(d) No plea.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.21 - Pre-Disciplinary Proceeding Procedures - Case Presentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The defendant or the defendant's representative or the facility representative, if designated, or facility staff may present evidence and argument as part of the presenting party's case presentation during the evidentiary phase of the defendant's disciplinary proceeding.
(1) The defendant's refusal or failure to appear before the hearing officer or the defendant's removal from the defendant's disciplinary proceeding shall be considered a waiver of the defendant's opportunity to make a case presentation during the evidentiary phase of the defendant's disciplinary proceeding.
(2) The defendant or the defendant's representative or the facility representative and not the hearing officer, are responsible for presenting evidence requested by the defendant or the defendant's representative or the facility representative or call approved witnesses as part of the presenting party's case presentation during the evidentiary phase of the defendant's disciplinary proceeding.
(3) If the defendant or the defendant's representative or the facility representative, if designated, or facility staff do not present the requested evidence or call an approved witness during the presenting party's case presentation prior to the hearing officer closing the evidentiary record of the defendant's disciplinary proceeding, the opportunity to present evidence or call the witness is considered to be waived.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.22 - Disciplinary Proceeding Procedures - Fact Finding and Decision Phase - Rendering the Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. After closing the case presentation portion of the defendant's disciplinary proceeding, the hearing officer shall weigh and consider the evidence presented during the defendant's disciplinary proceeding and:
(1) Determine from the evidence presented, which evidence is credible and reliable;
(2) Determine from the credible and reliable evidence the findings of fact as to the inmate rule violation charged; and
(3) Render a decision as to whether the defendant did or did not commit the inmate rule violation charged based on the findings of fact.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.23 - Disciplinary Proceeding Procedures - Sanction Phase - Imposing a Sanction

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the hearing officer renders a decision that the defendant is guilty of the inmate rule violation charged, the hearing officer shall permit the defendant or defendant's representative and the facility representative the opportunity to present arguments on the possible sanction or sanctions for the inmate rule violation for which the defendant was found guilty (If the defendant is represented, the representative, and not the defendant, shall present the argument for or against sanctions).
B. The hearing officer shall inform the defendant or defendant's representative and the facility representative of the:
(1) Sanction imposed; and
(2) Period and effective date of the sanction imposed.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.24 - Determination of Defendant's Adjustment History - Credits and Segregation

Current through Register Vol. 51, No. 14, July 12, 2024
A. When imposing the sanction of revocation of credits and disciplinary segregation, the hearing officer shall determine the appropriate sanction by using the defendant's adjustment history.
B. If a defendant is found guilty of the inmate rule violation charged, the hearing officer shall:
(1) Review the Adjustment History Sentencing Matrix, established under Regulation .27 of this chapter;
(2) Identify the category of the inmate rule violation of which the defendant was found guilty;
(3) Determine by a database maintained by the Department or the defendant's case record the defendant's adjustment history;
(4) Plot the credits that may be revoked or the days of segregation that may be imposed based on the intersection of the category of the inmate rule violation of which the defendant was found guilty and the defendant's adjustment history; and
(5) Determine if the sanction for revoking credits and the number of days of disciplinary segregation is recommended or mandatory.