reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.06 - Compensation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The schedule in this regulation is published as an adjunct to the criteria set forth in Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland. The schedule is not intended to limit the discretion of the Board and its application of the criteria set out in Correctional Services Article, Title 10, Subtitle 3, but is intended as a guideline in setting evaluation for a particular injury.
B. Compensation provided for in Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland, shall be payable for injuries sustained by prisoners engaged in work under the following circumstances:
(1) The prisoner shall be housed in the Patuxent Institution or an institution under the Division of Correction.
(2) The prisoner shall sustain a "permanent partial disability" as provided by the Workers' Compensation Law, Article 101, Annotated Coded of Maryland.
(3) The injury shall incapacitate or materially reduce the prisoner's earning power in "extra-hazardous" work.
(4) The injury cannot be self-inflicted or result from activities other than work for which wages or a stipulated sum are paid by the institution.
(5) The Board shall arrive at the ordinary earning power of the claimant as set forth in Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland, by a consideration of the claimant's employment before incarceration, the nature of the skills involved in the institutional employment after release from the institution, or actual employment in the case of inmates already released. A consideration of "ordinary earning power" shall be limited to any adjustment the Board determines to be appropriate in a case when obtaining employment after incarceration at a given rate would be possible but for the reduction in earning power or incapacities resulting from the injury.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.07 - Forms

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall prepare and furnish free of cost blank forms and have them readily available on application or request of any interested party.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.08 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall issue subpoenas and subpoenas duces tecum, either on its own instance, or upon written application of any party made not less than 10 days before the hearing. Subpoenas and subpoenas duces tecum shall comply wit the Maryland Rules of Practice and Procedure. A written request also shall designate the names and addresses of witnesses and the location of documents, books, payrolls, personnel records, correspondence, papers, or any other evidence relating to the claim being heard. The Board in its discretion may waive the 10 day provision.
B. When a subpoena or a subpoena duces tecum is issued at the instance of the claimant or other necessary party, the cost of service and witnesses and mileage fees shall be borne by the party at whose request it is issued. When a subpoena or a subpoena duces tecum is issued at the instance of the Board, service and witnesses and mileage fees shall be borne by the Board.
C. The Board, on its own motion or on the application of the claimant, shall, whenever necessary, and upon the terms and conditions that it or he may determine, take or cause to be taken affidavits and depositions of witnesses residing within or without the State. The requesting party shall bear the expense.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.09 - Death of a Claimant

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the death of a claimant, if the Board finds before his death that the claimant is entitled to benefits under this Act, the Board shall provide for payment of the award to the claimant's widow or dependents.
B. If there are two or more persons entitled to benefits as a result of the death of a claimant, the Board, having before the death passed an award in favor of the claimant, shall apportion the award among the claimants in the proportion as it finds that the deceased inmate contributed to their support.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.10 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
Appeals from this Board shall be governed by the Maryland Administrative Procedure Act.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.11 - Availability of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations of the Board shall be available to the public at the offices of the Attorney General, at such reasonable costs as the Board shall determine.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.12 - Opinion of the Board

Current through Register Vol. 51, No. 14, July 12, 2024
Two members of the Board shall constitute a quorum. When opinion is divided a majority shall prevail. When opinion is divided and only two members are present, the opinion of the member designated as chairman of the hearing shall prevail.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.13 - Meetings of the Board

Current through Register Vol. 51, No. 14, July 12, 2024
Meetings shall be held upon notice by the Chairman at the time and place that he shall direct.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.14 - Injury While Engaged in Extra-hazardous Employment

Current through Register Vol. 51, No. 14, July 12, 2024
When an inmate sustains an injury while engaged in extra-hazardous employment at any of the institutions under the jurisdiction of the Commissioner of Correction and Patuxent Institution, before release from these institutions, and files a claim with the Sundry Claims Board, the following procedures shall be adhered to:
A. The Board may summons the base file and medical records of the inmate and, upon review, determine whether or not the injury is embraced within the provisions of Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland.
B. If the Board is satisfied that the claim falls within the purview of the act, it may refer the inmate to an appropriate medical specialist to determine the issue of permanent disability, if any, sustained by the inmate as a result of the alleged injury.
C. Upon receipt of the specialist's report, the Board shall forward a copy of this report to the inmate, or his counsel, and provide for the inmate to file reports in controversy, if he so desires, within 30 days of receipt of
D. Upon receipt of all reports, the Board shall make a determination of permanent disability. If a determination cannot be made, in the opinion of the Board, because of the nature of the injury, the Board may defer the determination under such conditions as it deems necessary.
E. If the Board makes a determination of permanent disability, the inmate and his counsel shall be notified of this determination in accordance with the present regulations of the Board.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish the framework for the sex offender registration process and to specify the duties and responsibilities of a registrant and State and local agencies as established under Criminal Procedure Article, §§
									11-701 -11-721, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.02 - 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) "Absconder" means the status of a registrant when the Sex Offender Registry Unit determines that:
(a) The registrant has not registered in accordance with Criminal Procedure Article, §§
											11-701 -11-721, Annotated Code of Maryland; or
(b) The registrant's address is not current.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.03 - Requirement to Register

Current through Register Vol. 51, No. 14, July 12, 2024
A. Resident Registrant. A resident registrant shall register with a supervising authority on or before the date that the registrant:
(1) Is released;
(2) Is granted probation before judgment;
(3) Is granted probation after judgment;
(4) Is granted a suspended sentence; or
(5) Receives a sentence that does not include a term of confinement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.04 - Term of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Sex Offender Registry Unit shall calculate a term of registration:
(1) For a resident registrant, from:
(a) The last date of release from a term of confinement related to a crime for which registration is required;
(b) The date granted probation or a suspended sentence; or
(c) The date of registration if a registrant is subject to registration under Criminal Procedure Article, §
											11-702.1, Annotated Code of Maryland; or
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.05 - Registration Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A registrant shall complete, sign, and date a registration statement form with a supervising authority.
B. A registration statement includes the following information supplied by the registrant:
(1) Registrant's full name;
(2) Address as follows:
(a) Registrant's address, including county; or
(b) If on work release or temporary leave, the address of the State or local correctional facility granting work release or temporary leave;
(3) Registrant's fingerprints obtained at the time of registration by, or at the direction of, the supervising authority;
(4) For nonresident registrants:
(a) The name of the registrant's employer or school; and
(b) The address, including county, of the registrant's work site or site of school attendance;
(5) Registrant's signature; and
(6) Date signed.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.06 - Registration Responsibilities-Supervising Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may delegate the Secretary's duties as a supervising authority to an agency of the Department or a local law enforcement unit under Regulation .07 of this chapter.
B. A supervising authority shall establish procedures for:
(1) Obtaining information required for the registration statement before to its submission to the Sex Offender Registry Unit and to other agencies as required; and
(2) Responding to inquiries from the Sex Offender Registry Unit concerning the information in a registration statement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.07 - Registration Responsibilities-Local Law Enforcement Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following are the local law enforcement units designated by resolution of each county governing body:
(1) In Allegany County, the Cumberland Police Department;
(2) In Anne Arundel County, the Anne Arundel County Police Department;
(3) In Baltimore City, the Baltimore Police Department;
(4) In Baltimore County, the Baltimore County Police Department;
(5) In Calvert County, the Calvert County Sheriff's Office;
(6) In Caroline County, the Caroline County Sheriff's Office;
(7) In Carroll County, the Westminster Barrack of the Maryland State Police;
(8) In Cecil County, the Cecil County Sheriff's Office;
(9) In Charles County, the Charles County Sheriff's Office;
(10) In Dorchester County, the Dorchester County Sheriff's Office;
(11) In Frederick County, the Frederick County Sheriff's Office;
(12) In Garrett County, the Garrett County Sheriff's Office;
(13) In Harford County, the Harford County Sheriff's Office;
(14) In Howard County, the Howard County Police Department;
(15) In Kent County, the Kent County Sheriff's Office;
(16) In Montgomery County, the Montgomery County Police Department;
(17) In Prince George's County, the Prince George's County Police Department;
(18) In Queen Anne's County, the Queen Anne's County Sheriff's Office;
(19) In Somerset County, the Somerset County Sheriff's Office;
(20) In St. Mary's County, the St. Mary's County Sheriff's Office;
(21) In Talbot County, the Talbot County Sheriff's Office;
(22) In Washington County, the Washington County Sheriff's Office;
(23) In Wicomico County, the Wicomico County Sheriff's Office; and
(24) In Worcester County, the Worcester County Sheriff's Office.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.08 - Registration Responsibilities-Sex Offender Registry Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Sex Offender Registry Unit shall:
(1) Maintain a central registry:
(a) Initiated by receipt of registration statements; and
(b) Updated by receipt of periodic registration documentation and notice of changes of registrant's address or other status;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.09 - Other Responsibilities-County Superintendent

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local law enforcement unit shall send a copy of the completed notice of registration for child sexual offenders to the county superintendent concerning:
(1) A resident child sexual offender who lives in that county; or
(2) A nonresident child sexual offender employed or attending school in that county.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.10 - Periodic Registration Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Temporary Suspension of Periodic Registration Requirements.
(1) A periodic registration requirement may be suspended only if a registrant is incarcerated at a time when the registrant is required to meet periodic registration requirements.
(2) If a balance of a 10-year term of registration remains at the time the registrant is released, the registrant's periodic registration requirements resume as provided under Regulation .04 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.11 - Periodic Registration-Local Law Enforcement Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) A local law enforcement unit shall:
(a) Establish a schedule for periodic registration for each child sexual offender and sexually violent predator; and
(b) Maintain a copy of documents pertaining to periodic registration.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.12 - Periodic Registration-Sex Offender Registry Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Sex Offender Registry Unit shall establish a schedule for periodic registration for each sexually violent offender and offender.
B. The Sex Offender Registry Unit shall send an address verification and change of address form to the last reported address of each sexually violent offender and offender:
(1) By certified mail, return receipt requested; and
(2) Not later than 15 days before the periodic registration deadline for the registrant.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.13 - Change of Registrant's Address and Other Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. A registrant shall submit to the Sex Offender Registry Unit written notification within 7 days following a change of:
(1) Registrant's address; or
(2) A nonresident registrant's employment or school enrollment address.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.14 - Termination of Requirement to Register

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a registrant's 10-year term of registration terminates, the Sex Offender Registry Unit shall:
(1) Remove the registrant from the central registry; and
(2) Notify:
(a) The registrant;
(b) If applicable, the local law enforcement unit overseeing periodic registration;
(c) The victim, if a victim notification request form is on file; and
(d) Other appropriate agencies.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.15 - Dissemination of Registrant and Related Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Confidentiality.
(1) The identity of a victim of a crime that requires registration under Criminal Procedure Article, §§
										11-701 -11-721, Annotated Code of Maryland, may not be released.
(2) Information about an individual who receives a copy of a registration statement under Criminal Procedure Article, §
										11-715, Annotated Code of Maryland, may not be released.
(3) A supervising authority, local law enforcement unit, and the Sex Offender Registry Unit shall maintain records of requests received under this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.16 - Escape

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a registrant escapes from a correctional facility, the supervising authority of the facility shall immediately notify:
(1) The local law enforcement unit in the county in which the registrant resided before the registrant was committed to the custody of the supervising authority; and
(2) Individuals entitled to receive notice under Regulation .06 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.17 - Duties of the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. Reimbursement for Local Law Enforcement Unit.
(1) The Department shall reimburse each local law enforcement unit designated under Regulation .07 of this chapter reasonable costs for:
(a) Processing a registration statement;
(b) Taking fingerprints and photographs; and
(c) Implementing and maintaining community notification procedures.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 06 - SEX OFFENDER REGISTRATION › Chapter 12.06.01 - Administration of Sex Offender Registration › Section 12.06.01.18 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A registrant who violates the provisions of this chapter is subject to the penalties provided under Criminal Procedure Article, §
									11-721, Annotated Code of Maryland.
B. A registrant who changes residence to another state and fails to notify the new state of residence and the FBI may be subject to the penalties established under 42 U.S.C. § 14072(g)(3) and (i).
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.01 - 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) "Administrative remedy procedure" means the procedure established by the Commissioner for inmate complaint resolution.
(2) "Commissioner" means the Commissioner of Correction.
(3) "Disciplinary proceeding" means Division of Correction and Patuxent Institution disciplinary proceedings.
(4) "Division" means the Division of Correction.
(5) "Executive Director" means the Executive Director of the Inmate Grievance Office, or a designee, appointed under Correctional Services Article, §
										10-203, Annotated Code of Maryland.
(6) Fair Value.
(a) "Fair value" means the worth of inmate property at the time of the loss, damage, or theft of the property.
(b) "Fair value" is the lesser of the:
(i) Actual cost of the property at the time of acquisition, less any amounts attributable to depreciation, wear, use, and other factors which decrease the value of the property; or
(ii) Reasonable cost of the property at the time of acquisition, less any amounts attributable to depreciation, wear, use, and other factors which decrease the value of the property.
(7) "Filed" means that a grievance has been physically received by the Office according to requirements under this chapter.
(8) "Grievance" means the complaint of any individual in the custody of the Commissioner or confined to the Patuxent Institution against any officials or employees of the Division or the Patuxent Institution arising from the circumstances of custody or confinement.
(9) "Grievant" means an inmate in the custody of the Commissioner or confined to the Patuxent Institution who files a grievance with the Office.
(10) "Maryland Tort Claims Act" means State Government Article, §§
										12-101 -12-110, Annotated Code of Maryland.
(11) "Office" means the Inmate Grievance Office.
(12) "Prejudice" means a finding that one or more procedural errors undermine confidence in the outcome of a proceeding; that is, but for the error or errors there is a reasonable probability that the result would be different.
(13) "Property grievance" means a grievance filed by an inmate that the inmate's personal property has been improperly withheld, lost, damaged, stolen, or destroyed through the negligence or other wrongful act or omission of an employee or official of the Division of Correction or Patuxent Institution.
(14) "Secretary" means the Secretary of Public Safety and Correctional Services.
(15) "Substantial evidence" means such relevant evidence as a reasonable mind could reasonably accept as adequate to support a conclusion without reassessing credibility or substituting judgment.
(16) "Treasurer" means the State Treasurer's Office.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.02 - General Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a State or federal court receives a grievance from a grievant, the State or federal court may refer the grievance to the Office.
B. The Executive Director shall conduct a preliminary review of each grievance properly filed with the Office.
C. If a grievance arises from a disciplinary proceeding, the grievant shall properly exhaust all Division or Patuxent Institution appeal procedures before filing the grievance with the Office.
D. If the administrative remedy procedure applies to a particular situation or occurrence, the grievant shall properly exhaust the administrative remedy procedure before filing a grievance with the Office.
E. The Executive Director, when conducting a preliminary review of a grievance, and the administrative law judge conducting a hearing concerning a grievance shall liberally consider the circumstances of the grievance when determining if the grievance is properly before the Office.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.03 - Duties of the Executive Director

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director is appointed as provided in Correctional Services Article, §
									10-203, Annotated Code of Maryland.
B. The Executive Director shall:
(1) Act as chief administrative officer for the Office ensuring that all records and files are properly maintained;
(2) Docket and acknowledge receipt of a grievance;
(3) Conduct a preliminary review of each grievance as required under Regulation .06 of this chapter;
(4) Prepare a written summary of the grievance that specifies issues that may be considered at a hearing;
(5) Compile documents that may be considered in a preliminary review or a hearing that include, without limitation:
(a) Institutional reports,
(b) Classification records,
(c) Disciplinary proceeding records,
(d) Administrative remedy procedure decisions, and
(e) Any other information or citations of law that may be useful in determining the merits of the grievance;
(6) If necessary, conduct a preliminary investigation of the grievance;
(7) If a hearing is necessary, make a preliminary determination of a grievant's request for a representative or witness, or both;
(8) If a hearing is necessary, refer the grievance to the Office of Administrative Hearings; and
(9) Prepare the record of the agency, when requested, for judicial review.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.04 - Grievance Filing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A grievant shall file a grievance in writing:
(1) In a format approved by the Office; or
(2) Using an administrative remedy procedure form.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.05 - Time Limitations and Procedural Bars

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided in this chapter, a grievant shall file a grievance within 30 days of the date that the:
(1) Situation or occurrence that is the subject of the grievance took place; or
(2) Grievant knew or should have known of the situation or occurrence that is the subject of the grievance.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.06 - Preliminary Review-Executive Director

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director shall conduct a preliminary review of a grievance and determine if the grievance should:
(1) Be dismissed; or
(2) Proceed to a hearing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.07 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) If after conducting a preliminary review, the Executive Director decides the grievance should proceed to a hearing, the Executive Director, or a designee, shall notify the grievant and all other individuals determined necessary for the hearing of the date, time, and location of the hearing.
(2) To the extent that security considerations permit, a hearing conducted under this chapter shall be open to the public.
(3) An administrative law judge of the State Office of Administrative Hearings shall preside over the hearing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.08 - Standards of Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) At a hearing, the burden of proof is a preponderance of the evidence and rests with the grievant.
(2) A decision at a hearing shall be based on substantial evidence.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.09 - Property Grievances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided under this regulation, a grievance challenging administrative actions taken in connection with an inmate's property is processed the same as a grievance for any other issue properly before the Office.
B. Except as otherwise provided under §C of this regulation, the grievant has the burden of proof, by a preponderance of evidence, of the following:
(1) That the property was lost, damaged, stolen, or destroyed through the negligence or other wrongful act or omission of an employee or official of the Division or the Patuxent Institution;
(2) That the grievant was the owner of the property at the time of the alleged loss, damage, theft, or destruction;
(3) That the grievant was authorized to possess the property under the rules of the correctional facility in which the grievant was confined at the time of the alleged loss, damage, theft, or destruction; and
(4) The fair value of the property at the time of the alleged loss, damage, theft, or destruction.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.10 - Action After Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Decision and Final Order When the Grievance Is Without Merit. If an administrative law judge conducts a hearing and determines that a grievance is without merit:
(1) The administrative law judge shall:
(a) Issue the decision and order in writing including:
(i) Findings of fact; and
(ii) Conclusions of law; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 07 - INMATE GRIEVANCE OFFICE › Chapter 12.07.01 - General Regulations › Section 12.07.01.11 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
The grievant is entitled to judicial review of an administrative decision of the Executive Director, an administrative law judge, or the Secretary under this chapter according to Correctional Services Article, §
									10-210, Annotated Code of Maryland and the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.01 - Introduction

Current through Register Vol. 51, No. 14, July 12, 2024
A. The law establishing the Parole Commission of the State of Maryland provides for a separate agency within the Department of Public Safety and Correctional Services with exclusive power to hear cases for parole release and revocation and to authorize the parole of persons sentenced under the laws of this State from any penal or correctional institution.
B. The Commission also has the power to issue warrants for the return to custody of alleged violators of parole and to revoke a parole upon a showing of a violation of the conditions of parole.
C. In addition, the Commission evaluates information on the activities of parolees as reported by the Division of Parole and Probation and makes recommendations to the Governor with respect to life cases, pardons, and commutations of sentences.
D. These regulations are promulgated by the Parole Commission pursuant to Correctional Services Article, §
									7-207, Annotated Code of Maryland, as amended, and may not be construed as waiving or abrogating any existing statutes or laws.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
The definitions as set forth in Correctional Services Article, §
									7-101, Annotated Code of Maryland, are hereby adopted by this Commission and incorporated by reference in these regulations.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.03 - Composition of the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
The Parole Commission consists of seven members (a chairman and six associate members), appointed by the Secretary of Public Safety and Correctional Services, with the approval of the Governor and with the advice and consent of the Senate, for staggered terms of 6 years. The Chairman, from time to time designated by the Secretary of Public Safety and Correctional Services, with the approval of the Governor, is the executive and administrative head, coordinating the assignments and duties of the other members, and directing the duties of the employees and other personnel.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.04 - Meetings of the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. Regular. The Commission shall sit en banc in general session not less than once each month, at the call of the chairman, to discuss and settle questions of policy and procedure, to arrange the schedule of institutional hearings, and to review such other matters as may be within the Commission's jurisdiction. Reasonable notice of these meetings shall be given each member of the Commission.
B. Special. Special meetings shall be held when called by the Chairman or any two members of the Commission and reasonable notice of these meetings shall be given to each member of the Commission.
C. Executive Sessions. The Commission, for good cause, may meet in private in executive session, and shall do so as provided in Regulation .24G, below.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.05 - Parole Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission shall cause hearings to be conducted at least once each month, at the penal or correctional institutions under the supervision and control of the Division of Correction, and, as often as may be required, at jails or other places of penal confinement or detention in this State in which inmates eligible for parole consideration are confined.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.06 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
All official files, reports, documents, evaluations, and records pertaining to any individual which are kept in normal course of the conduct of the business of the Parole Commission are declared confidential. Except as otherwise provided by law, they may not be inspected by, items withdrawn from, or items furnished to any person or entity other than the Secretary of Public Safety and Correctional Services, the Commissioner of Correction, the Director of the Division of Parole and Probation, and members and employees of the Commission of the Departments mentioned.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.07 - Rules of Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission may not be bound by common law or statutory rules of evidence or by any technical or formal rules or procedures other than as provided in these regulations.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.08 - Attorneys

Current through Register Vol. 51, No. 14, July 12, 2024
A. Attorneys may practice before the Commission subject to the limitations delineated in Regulation .18C. They may request a conference with the Commission and submit letters or other data relative to an inmate's parole consideration.
B. Parolees or mandatory releasees may be represented by counsel at parole revocation hearings. If a parolee or mandatory releasee is indigent, the Commission will make an effort to obtain counsel to represent the parolee or mandatory releasee without cost.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.09 - Interested Parties

Current through Register Vol. 51, No. 14, July 12, 2024
Relatives or other interested and responsible individuals may request a conference with the Commission, submit letters, or other pertinent data relative to an inmate's parole consideration at any time before the hearing. They may not appear at parole hearings.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.10 - Mentally Disturbed Prisoners

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parole hearings may not be held for inmates confined in a State mental hospital, unless the Commission, in its discretion, and upon the recommendation of the Department of Health and Mental Hygiene, elects to hold a parole hearing at the State mental hospital where the inmate resides.
B. Whenever an inmate is transferred back to the Department of Correction by the Department of Health and Mental Hygiene, a hearing will be scheduled on the date set by the Commission at any prior parole hearing. If there has been no prior parole hearing, a hearing will be scheduled at the expiration of one-fourth of the sentence. If the transfer occurs subsequent to this date, the hearing shall be held at the next meeting of the Commission at the place of confinement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.11 - Prisoners in Custody of Another Jurisdiction

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual serving a sentence in a foreign jurisdiction who was sentenced in Maryland to a term to run concurrently with the foreign sentence may be considered for parole in absentia by the Commission at the same time he is being considered for parole in the foreign institution.
B. Whenever an inmate sentenced to a Maryland institution is in the custody of federal or out-of-State authorities other than for the purpose of serving a concurrent sentence, the inmate shall have his parole hearing continued until such time as he is returned to one of the State penal institutions.
C. Persons sentenced to the custody of the Commissioner of Corrections who are serving their sentence in a foreign jurisdiction under the Interstate Compact of Corrections shall receive consideration for parole in any manner permitted in this compact which, in the discretion of the Commission, seems expedient and appropriate.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.12 - Mental Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission, in its discretion, may arrange psychiatric or psychological examinations, or both, for applicants for parole whenever it deems these examinations will better enable it to decide the advisability of parole.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.13 - Mandatory Release

Current through Register Vol. 51, No. 14, July 12, 2024
A prisoner may shorten the period of his incarceration, even in the absence of parole, if he maintains a satisfactory institutional adjustment. "Good time and industrial time credits" serve to decrease the length of incarceration. These prisoners are released by action of the Division of Correction upon termination of sentence less credit for good conduct and industrial time earned, but by statute, are supervised "as if on parole" and are subject to the jurisdiction of the Parole Commission after release and bound by the rules and conditions of parole until the legal expiration date of their sentence. A violation of any rules and conditions of parole shall subject the releasee to parole revocation procedures.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.14 - Narcotic and Dangerous Drug Users

Current through Register Vol. 51, No. 14, July 12, 2024
A. All inmates who, in the discretion of the Commission, may benefit by special treatment by virtue of their addiction to or use of narcotic or dangerous drugs may be paroled with the special condition that they actively participate in approved treatment programs.
B. Methadone Maintenance Programs. A presumably drug-free inmate will not be paroled with the special condition of methadone treatment unless he is evaluated and a report is submitted to the commission by a qualified physician that, not withstanding the inmate's drug-free status, a methadone maintenance program would be best suited to the treatment needs of the inmate.
C. Civil Commitment--Drug Abuse Administration. Any inmate who deems himself a drug addict shall, with the approval of the Commission, be eligible for civil commitment to an in-patient treatment facility under the auspices of the Drug Abuse Administration, providing he has no other criminal charges pending and the conviction is for a crime not punishable by more than 10 years imprisonment (larceny excepted).
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.15 - Commutation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any inmate may request of the Commission a recommendation to the Governor that the sentence be commuted when all legal remedies are exhausted and the circumstances of the case are unusual. The Commission may entertain these requests at a parole hearing, and in its discretion may deny the request or submit it to the Governor with a recommendation. A sentence can be commuted to time served and the inmate released, or to a number of years. Once commuted, the Commission, in its discretion, may release the inmate on parole. If the Governor denies the request, it may again be resubmitted after a reasonable time.
B. Life Cases. The Commission will recommend to the Governor a commutation of a life sentence where the case warrants special consideration or where the facts and circumstances of the crime justify special consideration, or both.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.16 - Pardons

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pardons are awarded by the Governor upon recommendation by the Parole Commission, and may be full, conditional, or partial.
B. If pardon is denied, the petitioner may reapply after a reasonable time. Before making its recommendation to the Governor, the Commission shall cause a comprehensive investigation of the individual to be prepared by the Division of Parole and Probation for submission to it and to the Governor.
C. Request for pardon may be initiated by petition or letter directed to the Parole Commission. Proof of successful completion of any parole or probation, or both, which may have been imposed, plus a reasonable length of satisfactory adjustment in the community beyond the maximum expiration date of sentence, is preferred for a favorable pardon recommendation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.17 - Preparation for Parole Consideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parole Consideration and Parole Hearings.
(1) A parole-eligible prisoner sentenced to a term of 6 months or more for a crime that is not a violent crime or for a violent crime that occurred before October 1, 1994, shall receive a parole hearing after serving not more than 1/4 of the sentence or, in the case of multiple sentences, 1/4 of the combined sentences unless:
(a) The prisoner is incarcerated for a violent crime and the victim, in accordance with COMAR 12.08.02, makes a written request that the parole hearing be open to the public;
(b) The prisoner has been sentenced to more than one term of confinement, including a term during which the prisoner is eligible for parole and a term during which the prisoner is not eligible for parole;
(c) Following a review without a hearing, the Commission determines that no useful purpose would be served by a hearing.