reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.07 - Leave, Work Release, and School Release › Section 12.12.07.06 - Granting Leave, Work Release, and School Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. Leave, work release, or school release may not be granted unless approved by the affirmative vote of a quorum of the Board of Review, as defined in COMAR 12.12.06.05A.
B. Victim Comment, Victim Notification, and Police Notification.
(1) The Board of Review shall give the inmate's victim a reasonable opportunity to comment in writing before the Board of Review decides whether to grant leave, work release, or school release to the inmate.
(2) The victim may designate, in writing to the Board of Review, the name and address of a representative, who is a resident of the State, to receive notice for the victim that the inmate will be considered for leave, work release, or school release.
(3) The Board of Review shall delete the victim's address and telephone number before examination of any document by the inmate or the inmate's representative.
(4) If the victim cannot be located, the judge holding jurisdiction over the inmate's sentence may be contacted for comment.
(5) The Board of Review shall notify the victim of its decision regarding leave, work release, or school release.
(6) The Board of Review shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed whenever an inmate has been approved for leave, work release, or school release status.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.07 - Leave, Work Release, and School Release › Section 12.12.07.07 - Housing of Inmates Granted Work Release or School Release Privileges

Current through Register Vol. 51, No. 14, July 12, 2024
The Institution shall designate facilities for the housing of inmates granted work release or school release privileges.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.07 - Leave, Work Release, and School Release › Section 12.12.07.08 - Monitoring and Supervision of Leave, Work Release, and School Release Participants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every participant in the prerelease program shall be monitored and supervised in the community to assure the continued safety of the public.
B. The Associate Director for Treatment and the administrator of the reentry facility shall develop and implement a plan for community supervision of participants in the work release and school release programs. The plan shall be approved by the Director, and shall include procedures for work or school site visits, home visits, and documentation and reporting of any prerelease violations.
C. The following shall be responsible for managing the community monitoring program and shall see that the personnel performing the monitoring tasks meet the requirements of the plan developed pursuant to § B of this regulation:
(1) For the leave program, the unit treatment team chairman shall be the responsible manager;
(2) For the work release and school release program, the administrator of the reentry facility shall be the responsible party.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.07 - Leave, Work Release, and School Release › Section 12.12.07.09 - Disposition of Earnings

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Inmates employed in the community under a work release or school release program shall surrender to the Institution their total earnings less payroll deductions required by law.
B. The Institution shall deduct from these earnings, in the following order of priority, an amount determined to be the cost to the State of providing the following:
(1) Food, lodging, and clothing for the inmate;
(2) The actual and necessary food, travel, and other expenses of the inmate when released from actual confinement under the program;
(3) The amount which the inmate may be legally obligated to pay for the support of the inmate's dependents; and
(4) The amount ordered to be paid by the court as restitution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.01 - 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) Adjudicated Federal Detainer.
(a) "Adjudicated federal detainer" means a detainer based on an offense for which the inmate has been tried, convicted, sentenced, and committed to the custody of the U.S. Attorney General.
(b) "Adjudicated federal detainer" does not mean a detainer based on an untried indictment, information, or complaint, or a detainer of federal parole or federal probation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parole may not be recommended unless approved by the affirmative vote of a quorum of the Board of Review, as defined in COMAR 12.12.06.05A.
B. The Board of Review has the exclusive power to recommend an inmate for parole to the Secretary or the Governor.
C. Date Crime Committed.
(1) The required approval for parole status depends on the date that the crime for which an inmate is incarcerated was committed, and whether an inmate is serving a life or nonlife sentence.
(2) Inmates Serving Life Sentences.
(a) If an inmate's crime was committed on or before July 1, 1982, the inmate may be paroled by the approval of the Board of Review.
(b) If an inmate's crime was committed after July 1, 1982 and on or before March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Governor.
(c) If an inmate's crime was committed after March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Secretary and the Governor.
(3) Inmates Serving Nonlife Sentences.
(a) If the inmate's crime was committed on or before March 20, 1989, the inmate may be paroled by the approval of the Board of Review.
(b) If an inmate's crime was committed after March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Secretary.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.03 - Length of Sentence and Time Served Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. In considering an inmate for parole, if the inmate has been incarcerated for a crime committed after March 20, 1989, the Board of Review shall consider the length of the inmate's sentence and the amount of time served on the current term of imprisonment to date.
B. An inmate incarcerated for a crime committed after March 20, 1989, who has been sentenced to life imprisonment for rape in the first degree, a sexual offense in the first degree, or murder in the first degree is not eligible for parole until the inmate has served 15 years of the sentence, or the equivalent of 15 years when considering allowances for diminution of the period of confinement provided for by law.
C. An inmate incarcerated for a crime committed after March 20, 1989, who has been sentenced to life imprisonment under Criminal Law Article, §
									2-304, Annotated Code of Maryland, is not eligible for parole until the inmate has served 25 years of the sentence, or the equivalent of 25 years when considering allowances for diminution of the period of confinement provided for by law.
D. An inmate incarcerated for a crime committed on or before March 20, 1989, is eligible for parole at any time. The Board of Review may consider the length of the inmate's sentence and the amount of time served on the sentence to date in considering whether to grant or recommend parole.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.04 - Progress on Work Release or School Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. In considering an inmate for parole, the Board of Review shall determine whether the inmate has performed successfully on work release or school release. Letters from employers, friends, family members, and others, which describe the inmate's adjustment on work release or school release, shall be permitted to go to the Board of Review for the purpose of parole consideration.
B. In determining successful performance on work release or school release, the Board of Review shall consider an inmate's progress based upon the public safety criteria and progress-in-treatment criteria specified in COMAR 12.12.07.04A and .05.
C. To make these determinations concerning parole, the Board of Review shall also consider:
(1) Whether the inmate has successfully participated in a substance abuse program while on work release or school release, if appropriate;
(2) Whether the inmate has continued to demonstrate emotional maturity and insight, as assessed through the reports and recommendations of Institution treatment and custody staff;
(3) The inmate's ability and readiness to assume obligations and to undertake responsibilities to live in the community;
(4) The inmate's community resources, and the stability of the family that will assist the inmate to return to the community;
(5) The inmate's physical health; and
(6) Any other factors or information which the Board of Review may find relevant to the inmate's consideration for parole.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.05 - Medical Parole

Current through Register Vol. 51, No. 14, July 12, 2024
A. The criteria for medical parole consideration are that the:
(1) Inmate is imminently terminal, or has a condition which would indicate that continued imprisonment would serve no useful purpose, for example, an irreversible coma; and
(2) Inmate's release would not unduly jeopardize public safety.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.06 - Parole to Adjudicated Federal Detainer

Current through Register Vol. 51, No. 14, July 12, 2024
An inmate with an adjudicated federal detainer shall be subject to the same procedures and criteria in being considered for parole to meet the detainer as an inmate who does not have an adjudicated federal detainer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.07 - Granting of Parole

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before starting a parole program, the inmate shall sign an agreement that affirms the inmate's understanding of the regulations governing parole, as set forth in this regulation.
B. The regulations outlined in COMAR 12.12.07.06F(1)  --(10) shall also apply to parolees.
C. The parolee shall make a reasonable effort to remain gainfully employed or otherwise occupied, as directed by the Board of Review.
D. The parolee may not change his or her place of residence or employment without first having obtained the permission of the Board of Review.
E. The inmate may not be released on parole until the order of parole is presented and acknowledged by the inmate's signature. An inmate shall be released on parole as soon as practical after a favorable decision, unless:
(1) The Board of Review has specified a deferred release date;
(2) The investigation of the community resources of the inmate to be paroled indicates that:
(a) The parolee is likely to be unemployed upon release, or
(b) The parolee is without a satisfactory home plan; or
(3) The parole plan has not been approved by the Board of Review as specified in Regulation .08 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.08 - Parole Release Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. A parole release plan shall be completed and submitted before the parole hearing.
B. Elements in a release plan include, but are not limited to, the following:
(1) The name of the parolee's employer or evidence of other legitimate means of financial support;
(2) The location at which the parolee will reside; and
(3) The nature of any community services necessary to meet the special needs of the parolee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.08 - Parole › Section 12.12.08.09 - Monitoring and Supervision of Parolees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each parolee shall be seen by an assigned parole supervisor or designee for parole supervision in accordance with the terms of parole established by the Board of Review. Every contact with a parolee shall be documented by the supervisor or the designee. Contact shall include both scheduled and unscheduled meetings, and meetings may take place in the field, home, place of employment, and any other place assigned.
B. Schedule of Meetings.
(1) The Board of Review shall establish a schedule of required supervisory meetings between parolees and their parole supervisors and shall make adherence to that schedule a written condition of parole.
(2) First-year parolees shall meet with their parole supervisor a minimum of once each week.
(3) Second-year parolees shall meet with their parole supervisor a minimum of once every 2 weeks.
(4) Third-year parolees shall meet with their parole supervisor a minimum of once each month.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.09 - Major Violations and Penalties for Eligible Persons on Conditional Release › Section 12.12.09.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
For the purpose of maintaining order, discipline, and security, the Institution establishes rules of behavior which it expects eligible persons to obey and sanctions that may be imposed for violation of these rules. The purpose of any sanction shall be to aid in the maintenance of order, discipline, and security within the Institution or within the community, to punish the offender, and to deter future misbehavior.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.09 - Major Violations and Penalties for Eligible Persons on Conditional Release › Section 12.12.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Conditional release" means any of the forms of release status, as defined in COMAR 12.12.01.03B(5).
(2) "Disciplinary Committee" means the panel of three Institution staff members whose purpose is to conduct hearings and impose penalties for eligible persons who violate the Institution's rules. The panel is composed of one custody supervisor, one treatment staff member, and one member of the education department.
(3) "Escape" means when an eligible person leaves the confines of the Institution by:
(a) Breaching the Institution's security perimeter;
(b) Failing to return from an authorized prerelease status, that is, work release, school release, or day or overnight leave;
(c) Escaping from escort officers while outside the confines of the Institution; or
(d) Absconding from parole supervision.
(4) "Incident report" means a less severe disciplinary action that is disposed of informally. Incident reports are not appealable.
(5) "Notice of infraction" means the official document that charges an eligible person with violating an Institution rule.
(6) "Parole violator" means a paroled eligible person who has failed to comply with any of the conditions of his or her parole agreement, or who has committed a new offense while paroled.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.09 - Major Violations and Penalties for Eligible Persons on Conditional Release › Section 12.12.09.03 - Specification of Major Violations

Current through Register Vol. 51, No. 14, July 12, 2024
Major violations of Institution rules shall include:
A. Escape from parole, work release, school release, or leave;
B. Failure to return from parole, work release, school release, or leave within 1 hour of the time due, unless the failure to return was due to causes beyond the control of the eligible person;
C. Commission of a new offense, other than a minor traffic violation, while on parole, work release, school release, or leave;
D. Commission of a major violation of the Institution's disciplinary rules, which shall include:
(1) Altering, destroying, or damaging any item valued at $50 or over;
(2) Arson;
(3) Attempting to commit any major violation;
(4) Creating a disturbance;
(5) Hoarding authorized medication;
(6) Interfering with or obstructing a staff member from performing the staff member's duties;
(7) Possession of a weapon;
(8) Possession of implements reasonably expected to be used in an escape;
(9) Refusing a direct order when the refusal jeopardizes the security or order of the Institution;
(10) Rioting or inciting a riot;
(11) Any sexual acts involving others, or directed towards others, within the Institution or the reentry facility;
(12) Soliciting, conspiring, being an accessory to, or aiding and abetting the commission of a major violation;
(13) Soliciting or attempting to influence an employee to jeopardize the security of the Institution;
(14) Tampering with or misusing any communication system in such a way as to jeopardize the security of the Institution;
(15) Throwing excrement;
(16) Unauthorized possession, sale, use, passing, or receiving of drugs, controlled dangerous substances, alcohol, or drug paraphernalia;
(17) Assault or battery, or both, on an inmate, staff member, correctional officer, visitor, or any other person;
(18) Threatening another inmate, staff member, correctional officer, visitor, or any other person; or
(19) Unauthorized physical contact with another inmate, staff member, correctional officer, or visitor;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.09 - Major Violations and Penalties for Eligible Persons on Conditional Release › Section 12.12.09.04 - Disciplinary Procedures Pertaining to Major Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall ensure that major violations are disposed of formally, in accordance with established procedures concerning:
(1) The status of the alleged violator pending formal disposition, that is, the determination of the need for temporary segregation from the general population;
(2) The timely serving of the notice of infraction to the alleged violator;
(3) Notice to the alleged violator that he or she has the right to representation by a staff member, or an eligible person, who volunteers to represent the alleged violator; and
(4) Notice to the alleged violator that he or she has the right to call witnesses on his or her behalf.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.09 - Major Violations and Penalties for Eligible Persons on Conditional Release › Section 12.12.09.05 - Authority of the Disciplinary Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. An eligible person is entitled to a hearing by the Disciplinary Committee if the eligible person has been charged with an Institution violation and fails to consent to the notice of infraction being reduced to an incident report.
B. If a Disciplinary Committee hearing results in a finding of guilt, the Committee may impose penalties on the eligible person as it deems appropriate under the circumstances, with the exception of the removal of the eligible person from the Institution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.09 - Major Violations and Penalties for Eligible Persons on Conditional Release › Section 12.12.09.06 - Removal from the Institution

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board of Review will review all eligible persons with conditional release status who have been found guilty of charges heard by the Disciplinary Committee.
B. Except as provided in § C of this regulation, an eligible person incarcerated for a crime committed:
(1) On or before March 20, 1989, who commits a major violation while on parole, work release, school release, or leave shall be confined to the Institution and shall be ineligible for work release, school release, or leave for a period of 6 months;
(2) After March 20, 1989, who commits a major violation while on parole, work release, school release, or leave shall be confined to the Institution and shall be ineligible for parole, work release, school release, or leave for a period of 6 months.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.10 - Escape Procedures and Notification of Escape from the Institution › Section 12.12.10.01 - 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) "Escape" means when an eligible person leaves the confines of the Institution by:
(a) Breaching the Institution's security perimeter;
(b) Failing to return from an authorized prerelease status, that is, work release, school release, or day or overnight leave;
(c) Escaping from escort officers while outside the confines of the Institution; or
(d) Absconding from parole supervision.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.10 - Escape Procedures and Notification of Escape from the Institution › Section 12.12.10.02 - Notification of Escapes from the Institution

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Institution recognizes that secure confinement and sound security are the primary responsibilities of the Institution.
B. If an inmate escapes from the custody of the Institution or the reentry facility, the Director or officer in charge of the Institution at the time of the escape shall ensure that the following notifications are made upon receiving information of an escape:
(1) Baltimore City Police Department, Central District;
(2) Baltimore City Police Department, Fugitive Squad;
(3) Baltimore City Jail;
(4) Baltimore County Police Department, Major Case Squad;
(5) Baltimore County Police Department, Investigative Division;
(6) Baltimore County Police Department, Headquarters;
(7) FBI, Fugitive Squad;
(8) Maryland State Police, Waterloo Barracks;
(9) Maryland State Police, Criminal Justice Information Systems/Central Repository;
(10) Howard County Police Department;
(11) Anne Arundel County Police Department; and
(12) Division of Correction Investigative Unit.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.10 - Escape Procedures and Notification of Escape from the Institution › Section 12.12.10.03 - Escape Retake Warrant Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. When it has been confirmed that an inmate has escaped, the Director shall ensure that an escape retake warrant is issued. The Director shall ensure that the original warrant is mailed, using first class mail, and that a copy of the warrant is hand delivered, to the Maryland State Police, Waterloo Barracks.
B. The Director shall ensure that the following documents accompany the original escape warrant to the Maryland State Police Headquarters, Warrant Unit:
(1) Original copy of waiver of extradition;
(2) Copy of inmate escape work sheet; and
(3) Other documents as requested by the Maryland State Police.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.10 - Escape Procedures and Notification of Escape from the Institution › Section 12.12.10.04 - Return of an Escapee to the Institution

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall coordinate the return of an escapee from another state with the Maryland State Police.
B. An inmate who escapes from the reentry facility shall be returned to the Institution upon apprehension.
C. The Director shall ensure that the appropriate Institution adjustment action is taken against an inmate upon an inmate's return from escape.
D. When an escapee is returned to the custody of the Institution, the Director shall ensure that a letter notifying the Maryland State Police of the inmate's return is prepared, with copies provided to the agencies listed in Regulation .02B of this chapter.
E. The notification of return from escape may be completed on a monthly basis. The Director shall ensure that the notification of return from escape includes the following:
(1) Name of the returned escapee;
(2) Institution commitment number;
(3) Date of the escaped inmate's return to the custody of the Institution; and
(4) Escape retake warrant number.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.11 - Safety › Section 12.12.11.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish a requirement for development of fire safety plans and a vehicle safety program for the Institution, including State Use Industries.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.11 - Safety › Section 12.12.11.02 - 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) "Evacuation" means to move inmates and staff from a threatened area of fire or hazard of fire.
(2) "Fire plan" means the plan of evacuation, security, first aid, and firefighting for the institution.
(3) "Fire safety" means policy and procedure which ensures the Institution's safety from fire hazards.
(4) "Fleet safety coordinator" means a person who is the assigned representative in each motor vehicle safety activity.
(5) "Inmate" means an eligible person, as defined in COMAR 12.12.01.03B(9).
(6) "Motor vehicle" means a device which transports a person or property.
(7) "State vehicle" means a motor vehicle titled or leased to the State.
(8) "Support agency" means:
(a) A utility company;
(b) An emergency medical service;
(c) A law enforcement agency;
(d) The Division of Correction;
(e) Another agency which may assist the Institution in case of fire; or
(f) An organization, business, or firm involved by a grant or contract.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.11 - Safety › Section 12.12.11.03 - Fire Plan Elements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall ensure that the Warden develops procedures to establish a fire plan in conjunction with the Fire Marshal of the locality.
B. The Director shall ensure that the Warden appoints a fire safety officer who has completed a qualified fire safety program.
C. The Director shall ensure that the fire plan includes the following elements:
(1) Inspection by the fire safety officer of the Institution on a monthly basis with required documentation sent to the Warden;
(2) Annual review and revision as needed;
(3) Availability of the plan to staff;
(4) Posting of the fire plan in designated areas;
(5) Establishment of teams to conduct firefighting, evacuation, security, and first aid;
(6) Fire stations for individual extinguishers;
(7) Teams for each extinguishing device;
(8) Conduct of quarterly fire drills which meet the following criteria:
(a) Under varying conditions,
(b) On a staggered basis,
(c) On random days,
(d) At random times, and
(e) On all shifts;
(9) Evacuation procedures associated with the conduct of a fire drill which considers security requirements and public safety;
(10) Establishment of an ongoing relationship with the local fire department to ensure:
(a) Understanding of community emergency service capabilities by Institution administration and staff, and
(b) Ongoing communication and coordination;
(11) Provision for good housekeeping standards within the Institution;
(12) Requirement for constant vigilance by staff to detect and eliminate fire hazards;
(13) Development of a master list of each Institution fire extinguisher which includes the following provisions:
(a) Monitoring extinguisher charge levels,
(b) Recharging or filling of an extinguisher, and
(c) Replacement of an extinguisher which is being repaired with a fully charged, operational extinguisher;
(14) Testing of each alarm system by the fire safety officer on a quarterly basis with requirement for maintenance of appropriate documentation;
(15) Immediate notification of any fire of significance to the Office of the Secretary and when the fire department is summoned to the Institution, the Warden shall ensure that Office of the Secretary personnel are notified in the following manner:
(a) The Assistant Secretary during normal business hours, or
(b) The Department Public Information Officer during hours other than those set for normal business;
(16) Establishment of a contingency plan, coordinated with all participants, for transferring inmates to alternate facilities under emergency conditions;
(17) Mandatory training requirements for each employee to ensure understanding of the fire safety plan; and
(18) Establishment of a list of support agencies which will be reviewed and updated annually.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.11 - Safety › Section 12.12.11.04 - Conduct of Fire Drills

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a fire drill is conducted, the Director shall ensure that the entire inmate population is not evacuated at one time. Sections of the Institution may be evacuated to other sections of the Institution.
B. The Warden may simulate fire drill evacuations under conditions in which evacuation would not jeopardize Institution safety and control.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.11 - Safety › Section 12.12.11.05 - Vehicle Safety and Preventive Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall ensure that procedures for establishment of a vehicle safety program are based on requirements contained in the following:
(1) Maryland State Vehicle Fleet Policies and Procedures as published by the Department of Budget and Fiscal Planning; and
(2) The Governor's State Fleet Safety Committee Handbook.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.11 - Safety › Section 12.12.11.06 - Emergency Preparedness Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall develop and implement an emergency preparedness program for major emergencies which may affect the safety and security of the Institution. The program shall include procedures for the following:
(1) Establishment of command responsibility;
(2) Isolation, containment, and control of the emergency situation; and
(3) Reestablishment of normal operational order following resolution of the emergency situation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.11 - Safety › Section 12.12.11.07 - Inmate Transportation and Escort Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a group of inmates is being transported, and one or more of the inmates in the group is not on conditional release status, the Warden shall ensure that the shift commander:
(1) Transports the inmates in a secured vehicle;
(2) Determines the number of correctional officers assigned to escort duty and authorizes the appropriate weapons to be carried;
(3) Restrains the inmates in accordance with Institution directives; and
(4) Assigns to escort duty at least one correctional officer of the same sex as the inmates being transported.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.12 - Revocation of Status › Section 12.12.12.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following term has the meaning indicated.
B. Term Defined. "Inmate" means an eligible person, as defined in COMAR 12.12.01.03B(9).
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.12 - Revocation of Status › Section 12.12.12.02 - Revocation of Leave, Work Release, or School Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) At any time after approval of leave, work release, or school release has been granted, it may be suspended or revoked for any reason by the Board of Review.
(2) The Board of Review shall issue a warrant for the return to custody of an inmate who has escaped from leave, work release, or school release.
(3) The Board of Review shall conduct a hearing in compliance with the procedures specified in these regulations to determine the facts of the case. The hearing shall be held at the Board of Review's next regularly scheduled meeting. The inmate shall be given written notice of the hearing a minimum of 1 week in advance. The written notice shall advise the inmate of the allegations against the inmate.
(4) After the hearing, the Board of Review shall render a decision consistent with these regulations.
(5) Inmates suspended or revoked from leave, work release, or school release shall be granted all credit toward the diminution of their sentences as deemed appropriate by the Board of Review.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.12 - Revocation of Status › Section 12.12.12.03 - Parole Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Warrants. It shall be the duty of the reentry facility supervising staff member to make application to the Warden for a warrant of parole violation, in every case when there is reasonable suspicion to believe that the paroled inmate is a violator.
B. Preliminary Hearings.
(1) An alleged parole violator shall receive a preliminary hearing before a hearing examiner upon return to the Institution. The purpose of the preliminary hearing is to determine whether probable cause exists to believe that the paroled inmate violated parole and to determine the disposition of the paroled inmate pending a formal parole revocation hearing before the Board of Review.
(2) An alleged parole violator shall have the following rights at a preliminary parole revocation hearing:
(a) The right to call witnesses on the paroled inmate's behalf;
(b) The right to present documentary evidence on the paroled inmate's behalf;
(c) The right to question adverse witnesses;
(d) The right to remain silent regarding any untried criminal charge; and
(e) The right to request a postponement of the preliminary hearing for good cause.
(3) The impartial hearing examiner shall be an employee of the Institution who has not been involved with the supervision of the alleged parole violator.
(4) Findings.
(a) If the hearing examiner finds no probable cause to believe that the alleged parole violator violated the parole agreement, the hearing examiner shall order that the paroled inmate be released on parole status.
(b) If the hearing examiner finds that probable cause does exist to believe that the alleged parole violator violated parole, the paroled inmate shall be confined to the Institution pending a formal parole revocation hearing before the Board of Review.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.12 - Revocation of Status › Section 12.12.12.04 - Revocation of Eligible Person Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under the authority of Correctional Services Article, Title 4, Subtitle 3, Annotated Code of Maryland, the Board of Review is empowered to revoke an inmate's eligible person status upon finding that the inmate no longer meets the criteria outlined in Correctional Services Article, §
									4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05A.
B. Revocation Procedure.
(1) The revocation procedure shall be as described in this section.
(2) The treatment unit shall state their reasons for recommending that the inmate's eligible person status be revoked. The treatment unit's report shall confirm that the inmate no longer responds favorably to the programs and services provided at the Institution and the reason that the inmate can no longer be better habilitated through these programs and services than by other incarceration.
(3) Procedures delineated in COMAR 12.12.04.02A, concerning voluntary transfers, apply to revocation of eligible person status.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.13 - Mandatory Supervision and Release Upon Expiration of Sentence › Section 12.12.13.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Inmate" means an eligible person, as defined in COMAR 12.12.01.03B(9).
(2) "Mandatory supervision" means the release of an inmate from the Institution to the supervision of the Division of Parole and Probation, on the date that the inmate has served the equivalent of his or her full sentence minus allowances for diminution of the period of confinement or sentence provided for by law.
(3) Maximum Expiration Date.
(a) "Maximum expiration date" means the date computed by adding an inmate's total sentence length to the beginning date of the first sentence with the earliest start date which is part of the inmate's then current term of confinement.
(b) "Maximum expiration date" includes adjustments for time out of custody without credit.
(4) "Release by expiration of sentence" means the release of an inmate:
(a) Whose only sentences are for offenses committed before July 1, 1970, and who has served the term or terms of confinement to which the inmate was sentenced less the diminution of confinement deductions provided for in Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland; or
(b) Who has actually served the day for day maximum term or terms of confinement to which the inmate was sentenced.
(5) "Total sentence length" means the period covered by the inmate's then current term of confinement excluding time out of custody without credit. If the inmate is serving a:
(a) Single sentence, it is the period of confinement under that sentence;
(b) Combination of concurrent sentences, it is the period of confinement between the earliest starting date of those sentences and the latest expiration date of those sentences;
(c) Combination of consecutive sentences, it is the period of confinement between the starting date of the first consecutive sentence and the expiration date of the last consecutive sentence; or
(d) Combination of concurrent and consecutive sentences, it is the period of confinement between the earliest starting date of the sentences and the last expiration date of the sentences.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.13 - Mandatory Supervision and Release Upon Expiration of Sentence › Section 12.12.13.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
An inmate shall be released and transferred from the Institution in accordance with normal procedures established by law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.13 - Mandatory Supervision and Release Upon Expiration of Sentence › Section 12.12.13.03 - Diminution of Confinement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each inmate admitted to the Institution is entitled to a diminution of the period of commitment or total sentence length, up to a maximum allowable deduction of 15 days per calendar month, in accordance with the provisions of this regulation.
B. An inmate shall be allowed an initial deduction from the period of commitment or sentence, subject to the inmate's future good conduct. This deduction shall be calculated at the rate of 5 days for each calendar month, and on a prorated basis for any portion of a calendar month, within the period between the first day of commitment to the custody of the Commissioner and the inmate's maximum expiration date.
C. For each calendar month during which an inmate has manifested exceptional industry, application, and skill in the performance of industrial, agricultural, or administrative tasks assigned to the inmate, the inmate may be allowed an additional deduction of 5 days from the period of the commitment or sentence. These deductions shall commence on the first day that the task is performed and shall be made on a prorated basis for any portion of a calendar month during which the inmate performed the task.
D. For each calendar month during which an inmate has manifested satisfactory industry, application, and progress in vocational or other educational and training courses, the inmate may be allowed an additional deduction of 5 days from the period of the commitment or sentence. These deductions shall commence on the first day that the inmate participates in these courses and shall be made on a prorated basis for any portion of a calendar month during which the inmate participated in the course.
E. Projects and Programs.
(1) For each calendar month, or any portion of a calendar month, commencing on the first day of assignment, during which the inmate has manifested satisfactory industry, application, and progress in special selected work projects, or other special programs, the inmate may be allowed an additional deduction of days, not exceeding 5 in number, from the period of the commitment or sentence.
(2) The Director, with the approval of the Secretary and based on the Institution's current policy and procedure, may establish a list of projects and programs that qualify for special projects credit.
(3) Diminution credits may be awarded for projects or programs under §E(2) of this regulation which include, but need not be limited to the following:
(a) Prison industry assignments;
(b) Education programs;
(c) Work details;
(d) Work release employment; or
(e) Rehabilitation programs including, but not limited to, programs addressing:
(i) Substance abuse; or
(ii) Criminal behavior.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.13 - Mandatory Supervision and Release Upon Expiration of Sentence › Section 12.12.13.04 - Restoration of Revoked Diminution Credit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Good conduct credit, as described in Regulation .03B of this chapter, and special projects credit, as described in Regulation .03E of this chapter, may be restored by the Director if it has been revoked. The Director may consider restoring revoked diminution credit upon receiving the recommendation for restoration, and supporting documentation described in §J of this regulation, from the inmate's unit treatment team chairman.
B. A unit treatment team chairman may recommend restoration of revoked diminution credit for an inmate who:
(1) Has been infraction free for the preceding 6 months;
(2) Is not serving a disciplinary segregation sentence; and
(3) Has not been released from disciplinary segregation within the preceding 6 months.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.13 - Mandatory Supervision and Release Upon Expiration of Sentence › Section 12.12.13.05 - Notification for Mandatory Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Inmate Records Supervisor shall notify the Division of Parole and Probation of any inmates to be placed on mandatory supervision at least 1 week before the scheduled release date. Notification shall also be sent to the inmate, the Parole Commission, the Parole and Probation reporting office, the victim if the victim has filed a written request to be informed, the inmate's base file, and the inmate's commitment jacket.
B. The inmate placed on mandatory supervision shall be subject to all laws, rules, regulations, and conditions applicable to parolees and shall remain under the supervision of the Division of Parole and Probation until the expiration of the maximum term or terms for which the inmate was sentenced.
C. This regulation does not prevent delivery of inmates to any state or federal authority otherwise entitled to their custody by detainer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.13 - Mandatory Supervision and Release Upon Expiration of Sentence › Section 12.12.13.06 - Notification for Inmates Released Upon Expiration of Sentence

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall ensure that the inmate records supervisor provides notification of an inmate released by expiration of sentence to the:
(1) Inmate;
(2) Victim, if the victim has filed a written request to be informed;
(3) Inmate base file; and
(4) Inmate commitment jacket.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.14 - Citizens Advisory Board › Section 12.12.14.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The Governor shall appoint a Citizens Advisory Board, based on recommendations of the Secretary, to advise the Director and the Secretary with respect to the operation and programs of the Institution.