reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.04 - On-Site Audit Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The audit team shall meet with the managing official and designated facility personnel, upon arrival, to hold an entrance interview for the purpose of providing a tentative schedule of audit activities, explaining the inspection process, and answering questions.
B. The audit team shall perform a complete tour of the facility and grounds to observe the state of cleanliness and repair, and assess the totality of conditions.
C. The audit team shall hold discussions with facility staff and inmates according to established guidelines during the course of the on-site visit to determine their perspective regarding standards-related matters.
D. The audit team members shall review documentation presented to substantiate compliance with those regulations assigned to them.
E. The audit team leader shall review and discuss the preliminary compliance decisions with each team member to confirm the findings.
F. The audit team shall meet with the managing official and designated facility personnel to hold an exit conference for the purpose of summarizing the audit results.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.05 - Post-Audit Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The audit team leader shall review and discuss the audit results with the Executive Director before formalization of the findings.
B. The audit team leader shall issue a report to the managing official for review and comment within 30 days of completion of the audit.
C. The Executive Director shall submit the final report and compliance plan to the Commission for consideration and approval within 60 days of completion of the audit.
D. The Executive Director shall disseminate the final report and compliance plan to the specified distribution within 15 days of the Commission's approval.
E. The Commission staff shall routinely monitor the approved compliance plan.
F. The managing official shall submit a written request to the Commission for modification of the compliance deadlines, when initial plans for corrective action cannot be met, for formal consideration at the next regularly scheduled Commission meeting.
G. If approved, the Commission shall issue a revised plan for corrective action.
H. If disapproved, the Commission may conduct a hearing according to established procedures to determine whether certain facility functions, operations, or practices should be limited or discontinued, the facility closed, or other appropriate actions taken.
I. The Executive Director shall recommend to the Commission, at a regularly scheduled meeting, the presentation of the recognition of achievement award to a facility which has attained total compliance within 1 year of the approval of the compliance plan.
J. For a facility which does not achieve 100 percent compliance within 1 year, Commission staff shall continue to monitor the correction of noted deficiencies until the next scheduled audit.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.06 - Compliance Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nonapplicability. A standard is not applicable to the operation of an adult place of confinement if sufficient material elements of the standard make the application clearly not relevant. Audit team members shall determine nonapplicability during the audit process.
B. Variance. If a standard which applies to the operation of an adult place of confinement is determined to be in noncompliance, but the managing official feels the plan of corrective action inappropriate to facility management, a request for variance shall be made in writing to the Commission for consideration at the next regularly scheduled meeting.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.07 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
If the managing official disagrees with a compliance decision, the managing official may submit an appeal in writing to the Executive Director before formal consideration of the final report and compliance plan. If the Executive Director confirms the audit team finding, the managing official may present a written appeal to the Commission for the Commission's consideration at the next regularly scheduled meeting.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.08 - Technical Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
To the extent possible in the budget, the Commission staff shall provide technical assistance to facilities in noncompliance with standards. Assistance shall be provided directly and by referral to other resources.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.09 - Life-Threatening or Health-Endangering Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon detection or identification of a life-threatening or health-endangering practice or condition as determined by the audit team leader, the Executive Director or designee may give verbal notice to the managing official to immediately cease a practice or condition or may order the facility closed. Written notice shall be forwarded within 24 hours by the person giving the notice or order to the managing official with copies to the executive authority of the jurisdiction, the Secretary, and the Commission Chairman.
B. Within 96 hours of the verbal notice of order, the Commission shall convene a hearing, according to established procedures, for the purpose of reviewing and confirming or countermanding the order.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.01 - Administrative Procedures › Section 12.14.01.10 - Authority of the Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may, at the Secretary's discretion, exercise any of the powers of the Commission pursuant to Correctional Services Article, §
									2-113, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.03 - Minimum Standards for Adult Detention Centers › Section 12.14.03.02 - Standards - Security and Inmate Control

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official of a correctional facility is responsible for the following:
A. A written policy, governing the use of physical force, which includes a provision for written reports of all instances of use of force, and which shall include but is not limited to the following:
(1) Instances of justifiable self-defense;
(2) Protection of others;
(3) Protection of property; and
(4) Prevention of escape;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.03 - Minimum Standards for Adult Detention Centers › Section 12.14.03.03 - Standards-Inmate Safety

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official of a correctional facility is responsible for the following:
A. A written policy and procedure ensuring that a facility meets all fire safety regulations as verified by an annual inspection by authorized representatives of the State Fire Marshal;
B. A written policy and procedure requiring facility personnel with documented training in fire safety practices to perform monthly internal inspections to monitor compliance with fire safety and prevention regulations;
C. Written disaster plans for fires, chemical spills, civil defense, natural disasters, power outage, and other circumstances which include provisions for:
(1) Documented coordination with appropriate responding agencies and organizations;
(2) Specific description of staff duties and responsibilities;
(3) Full, partial and medical evacuation addressing:
(a) The handling of injured persons,
(b) Security considerations,
(c) Instructions for responding emergency personnel and vehicles, and
(d) Movement of affected persons to safe areas;
(4) The placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable; and
(5) Quarterly fire drills on each shift to include inmates, unless their inclusion compromises security;
(6) A written evacuation plan that conforms to federal, State, and local fire safety codes; and
(7) An annual review that includes:
(a) Building interior diagram or floor plan;
(b) Marked exits;
(c) Directional symbols; and
(d) Locations of posted evacuation diagrams;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.03 - Minimum Standards for Adult Detention Centers › Section 12.14.03.04 - Standards-Inmate Food Services

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official of a correctional facility is responsible for the following:
A. A written policy and procedure providing for a menu approved annually by a registered dietitian;
B. A written policy and procedure ensuring that three meals a day are served with not more than a 14-hour interval between the evening meal and breakfast;
C. A written policy and procedure ensuring that the food service operation is currently licensed and meets State sanitation and health regulations as verified by inspection as required by the health department;
D. A written policy and procedure ensuring that those involved in the preparation and handling of food comply with the health department regulations regarding personal hygiene and clothing;
E. A written policy and procedure ensuring that staff and inmates involved in the preparation and handling of food receive medical screening by qualified health care professionals before assignment, and annually after that;
F. A written policy and procedure authorizing special diets as prescribed by qualified health care personnel and as necessary to adhere to the mandatory requirements of recognized faiths;
G. A written policy which prohibits the use of food as punishment or reward;
H. A written policy and procedure ensuring that personnel continuously supervise the food service operation;
I. A written policy and procedure requiring weekly sanitation inspections of food preparation, food storage, food service, and dining areas;
J. A written policy and procedure governing the availability, control, storage, and use of kitchen utensils, which includes provisions for:
(1) Secure storage outside inmate living areas,
(2) Daily inventory to ensure accountability,
(3) Quarterly inspection to determine condition,
(4) A record of issue and return,
(5) Specification of individuals authorized access and use, and
(6) A current master listing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.03 - Minimum Standards for Adult Detention Centers › Section 12.14.03.05 - Standards-Inmate Housing and Sanitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official of a correctional facility shall have a written policy and procedure:
(1) Governing the availability, control, storage, and use of flammable, toxic, and caustic materials which includes provisions for:
(a) Secure storage outside inmate living and activity areas;
(b) Quarterly inspection and inventory to determine condition and accountability;
(c) Specification of persons authorized access and use; and
(d) A record of issue and disposal;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.03 - Minimum Standards for Adult Detention Centers › Section 12.14.03.06 - Standards-Inmate Rights

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official of a correctional facility is responsible for the following:
A. A written policy stating that an inmate is not discriminated against with regard to programs, services, or activities on the basis of race, religion, national origin, sex, handicap, or political beliefs;
B. A written policy which establishes inmate protection from physical and mental abuse and harassment by personnel that includes a zero tolerance for sexual abuse and sexual harassment providing for:
(1) Facility response;
(2) Access to medical health care; and
(3) Access to mental health counseling and support;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.03 - Minimum Standards for Adult Detention Centers › Section 12.14.03.07 - Standards-Classification

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official of a correctional facility is responsible for the following:
A. A written policy and procedure establishing a classification process to determine housing, job, and other assignments, and which include provisions for:
(1) Designation of persons involved in decision making,
(2) Criteria for decision making,
(3) Initial inmate classification within 1 week of admission, and annual reclassification,
(4) A record of decisions, and
(5) Review of all decisions by the managing official or designee;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.03 - Minimum Standards for Adult Detention Centers › Section 12.14.03.08 - Standards-Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official of a correctional facility is responsible for the following:
A. A written policy and procedure governing a formal disciplinary hearing by an impartial individual or committee of individuals not directly involved in the incident, which include provisions for:
(1) Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction;
(2) Inmate appearance at the disciplinary hearing:
(a) Within 9 days, excluding holidays and weekends, of the alleged infraction; and
(b) Not less than 24 hours after notification of charges, unless waived by the inmate;
(3) The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence;
(4) A record of hearing decisions and rationale;
(5) Review by the managing official or designee of hearing decisions adverse to the inmate;
(6) An appeal process; and
(7) A report of all hearing decisions to the managing official or designee; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.03 - Minimum Standards for Adult Detention Centers › Section 12.14.03.09 - Standards-Administrative Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official of a correctional facility is responsible for the following:
A. A written policy and procedure ensuring the confidentiality of, and methods of access to, a case record by an inmate, person in interest, and an individual or agency making a formal request, and which includes provisions for:
(1) Identification of persons authorized to approve access,
(2) Specific designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations,
(3) A release of information consent form,
(4) A record of access decisions, and
(5) An appeal process for those who are denied access;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.04 - Minimum Standards for Adult Correctional Institutions › Section 12.14.04.01 - Standards-Security and Inmate Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall have a written policy:
(1) Governing the use of physical force, and which shall include a provision for written reports of all instances of the use of physical force, and also shall include, but not be limited to:
(a) Instances of justifiable self-defense,
(b) Protection of others,
(c) Protection of property, and
(d) Prevention of escape;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.04 - Minimum Standards for Adult Correctional Institutions › Section 12.14.04.03 - Standards-Inmate Food Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall have a written policy and procedure:
(1) Requiring that a menu be approved annually by a registered dietitian;
(2) Ensuring that three meals a day are served, with not more than a 14-hour interval between the evening meal and breakfast;
(3) Ensuring that the food service operation is currently licensed and meets State sanitation and health regulations and that this is verified by inspection as required by the health department;
(4) Ensuring that an individual involved in the preparation and handling of food complies with health department regulations regarding personal hygiene and clothing;
(5) Ensuring that staff and inmates involved in the preparation and handling of food receive medical screenings by qualified health care professionals before assignment, and annually after that;
(6) Ensuring that personnel continuously supervise the food service operation;
(7) Requiring weekly sanitation inspections of food preparation, food storage, food service, and dining areas; and
(8) Governing the availability, control, storage, and use of kitchen utensils, which includes provisions for:
(a) Secure storage outside inmate living and activity areas,
(b) Daily inventory to ensure accountability,
(c) Quarterly inspection to determine condition,
(d) A record of issue and return,
(e) Specification of individuals authorized access and use, and
(f) A current master listing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.04 - Minimum Standards for Adult Correctional Institutions › Section 12.14.04.04 - Standards - Inmate Housing and Sanitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall have a written policy and procedure:
(1) Governing the availability, control, storage, and use of flammable, toxic, and caustic materials, which includes provisions for:
(a) Secure storage outside inmate living and activity areas,
(b) Quarterly inspection and inventory to determine condition and accountability,
(c) Specification of individuals authorized access and use, and
(d) A record of issue and disposal;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.04 - Minimum Standards for Adult Correctional Institutions › Section 12.14.04.05 - Standards-Inmate Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall have a written policy which:
(1) States that an inmate is not discriminated against with regard to programs, services, or activities on the basis of race, religion, national origin, sex, handicap, or political beliefs;
(2) Establishes inmate protection from physical and mental abuse, and harassment by personnel that includes a zero tolerance for sexual abuse and sexual harassment providing for:
(a) Facility response;
(b) Access to medical health care; and
(c) Access to mental health counseling and support;
(3) Ensures the right of a convicted inmate to decline to participate in activities, services, and programs, with the exception of work assignments, adult basic education programs, or programs specifically mandated by statute, ordered by the sentencing court, or based upon written agreement; and
(4) Ensures the right of an inmate to exercise freedom in personal grooming and appearance, subject only to facility requirements essential to safety, security, identification, and hygiene.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.04 - Minimum Standards for Adult Correctional Institutions › Section 12.14.04.06 - Standards-Classification

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official shall have a written policy and procedure:
A. Establishing a classification process to determine housing, job, and other assignments, which includes provisions for:
(1) Initial inmate classification within 45 days of admission and reclassification according to established guidelines,
(2) Designation of individuals involved in decision making,
(3) Criteria for decision making,
(4) Inmate appearance during classification actions and conditions under which an inmate may initiate a status review,
(5) Routine assessment of security and program needs,
(6) A record of decisions and rationale,
(7) Review of all recommendations and decisions by the managing official or designee, and
(8) An appeal process; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.04 - Minimum Standards for Adult Correctional Institutions › Section 12.14.04.07 - Standards-Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official shall have a written policy and procedure:
A. Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for:
(1) Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction;
(2) Inmate appearance at the disciplinary hearing:
(a) Within 9 days, excluding holidays and weekends, of the alleged infraction; and
(b) Not less than 24 hours after notification of charges, unless waived by the inmate;
(3) The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence;
(4) A record of hearing decisions and rationale;
(5) Review by the managing official or designee of hearing decisions adverse to the inmate;
(6) An appeal process; and
(7) A report of all hearing decisions to the managing official or designee; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.04 - Minimum Standards for Adult Correctional Institutions › Section 12.14.04.08 - Standards-Administrative Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official shall have a written policy and procedure:
A. Ensuring the confidentiality and methods of access to a case record by an inmate, a person in interest, and an individual or agency making a formal request, which includes provisions for:
(1) Identification of individuals authorized to approve access,
(2) Specific designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations,
(3) A release of information consent form,
(4) A record of access decisions, and
(5) An appeal process for those individuals who are denied access;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.05 - Minimum Standards for Adult Community Correctional Facilities › Section 12.14.05.01 - Standards-Security and Inmate Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall have a written policy:
(1) Governing the use of physical force, with the policy including a provision for written reports of all instances of the use of physical force, and which also includes, but is not limited to:
(a) Instances of justifiable self-defense,
(b) Protection of others,
(c) Protection of property, and
(d) Prevention of escape; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.05 - Minimum Standards for Adult Community Correctional Facilities › Section 12.14.05.03 - Standards-Inmate Food Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall have a written policy and procedure:
(1) Requiring that a menu be approved annually by a registered dietitian;
(2) Ensuring that three meals a day are served, with not more than a 14-hour interval between the evening meal and breakfast;
(3) Ensuring that the food service operation is currently licensed and meets State sanitation and health regulations, with this being verified by inspection as required by the health department;
(4) Ensuring that an individual involved in the preparation and handling of food complies with health department regulations regarding personal hygiene and clothing;
(5) Ensuring that staff and inmates involved in the preparation and handling of food receive medical screening by qualified health care professionals before assignment, and annually after that;
(6) Ensuring that personnel continuously supervise the food service operation;
(7) Requiring weekly sanitation inspections of food preparation, food storage, food service, and dining areas; and
(8) Governing the availability, control, storage, and use of kitchen utensils, which includes provisions for:
(a) Secure storage outside inmate living and activity areas,
(b) Daily inventory to ensure accountability,
(c) Quarterly inspection to determine condition,
(d) A record of issue and return,
(e) Specification of individuals authorized access and use, and
(f) A current master listing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.05 - Minimum Standards for Adult Community Correctional Facilities › Section 12.14.05.04 - Standards - Inmate Housing and Sanitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall have a written policy and procedure:
(1) Governing the availability, control, storage, and use of flammable, toxic, and caustic materials, which includes provisions for:
(a) Secure storage outside inmate living and activity areas,
(b) Quarterly inspection and inventory to determine condition and accountability,
(c) Specification of individuals authorized access and use, and
(d) A record of issue and disposal;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.05 - Minimum Standards for Adult Community Correctional Facilities › Section 12.14.05.05 - Standards-Inmate Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall have a written policy which:
(1) States that an inmate is not discriminated against with regard to programs, services, or activities on the basis of race, religion, national origin, sex, handicap, or political beliefs;
(2) Establishes inmate protection from physical and mental abuse, and harassment by personnel that includes a zero tolerance for sexual abuse and sexual harassment providing for:
(a) Facility response;
(b) Access to medical health care; and
(c) Access to mental health counseling and support; and
(3) Ensures the right of a convicted inmate to decline to participate in activities, services, and programs, with the exception of work assignments, adult basic education programs, or programs specifically mandated by statute, ordered by the sentencing court, or based upon written agreement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.05 - Minimum Standards for Adult Community Correctional Facilities › Section 12.14.05.06 - Standards-Classification

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official shall have a written policy and procedure:
A. Establishing a classification process to determine housing, job, and other assignments, which includes provisions for:
(1) Initial inmate classification within 45 days of admission and reclassification according to established guidelines,
(2) Designation of individuals involved in decision making,
(3) Criteria for decision making,
(4) Inmate appearance during classification actions and conditions under which an inmate may initiate a status review,
(5) Routine assessment of security and program needs,
(6) A record of decisions and rationale,
(7) Review of all recommendations and decisions by the managing official or designee, and
(8) An appeal process; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.05 - Minimum Standards for Adult Community Correctional Facilities › Section 12.14.05.07 - Standards-Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official shall have a written policy and procedure:
A. Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for:
(1) Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction;
(2) Inmate appearance at the disciplinary hearing:
(a) Within 9 days, excluding holidays and weekends, of the alleged infraction; and
(b) Not less than 24 hours after notification of charges, unless waived by the inmate;
(3) The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence;
(4) A record of hearing decisions and rationale;
(5) Review by the managing official or designee of hearing decisions adverse to the inmate;
(6) An appeal process; and
(7) A report of all hearing decisions to the managing official or designee; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.05 - Minimum Standards for Adult Community Correctional Facilities › Section 12.14.05.08 - Standards-Administrative Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
The managing official shall have a written policy and procedure:
A. Ensuring the confidentiality and methods of access to a case record by an inmate, a person in interest, and an individual or agency making a formal request, which includes provisions for:
(1) Identification of individuals authorized to approve access,
(2) Specific designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations,
(3) A release of information consent form,
(4) A record of access decisions, and
(5) An appeal process for those individuals who are denied access;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to hearings conducted under Correctional Services Article, §§
									8-114 and  8-115, Annotated Code of Maryland, as well as hearings otherwise required by statute or regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.03 - Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The governing authority shall be a party to all proceedings concerning the closure or cessation of operations of an adult place of confinement.
B. The Commission may admit as a party any person, agency, or other entity which has submitted a written request to be a party, and the rights of which may be substantially affected by the outcome of the proceedings before the Commission.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.04 - Conduct of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. All hearings shall be conducted by a majority of the members of the Commission, except that the Commission, upon a finding that a majority is not available to conduct a hearing in a timely fashion, may direct that less than a majority of the Commission conduct a hearing.
B. The Chairman or the Chairman's designee shall be the presiding officer at hearings.
C. The presiding officer shall, in consultation with other members of the Commission, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.05 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. With the exception of notice of hearings conducted under Correctional Services Article, §
									8-115, Annotated Code of Maryland, the Chairman shall send written notice of hearings to all parties at least 10 calendar days before the date of the hearings. Written notice of hearings conducted under Correctional Services Article, §
									8-115, Annotated Code of Maryland, shall be provided to all parties at least 72 hours before the time of the hearings.
B. All notices of hearings shall state the:
(1) Date, time, and place of the hearing;
(2) Legal authority and jurisdiction under which the hearing is to be held;
(3) Particular sections of statutes and rules, including rules of procedures, involved;
(4) Nature of the hearing; and
(5) Matters asserted, and issues involved, in a short and simple manner.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.06 - Testimony and Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each party shall have the right, on every genuine issue to:
(1) Call witnesses and present evidence;
(2) Cross-examine each witness called by the agency or any other party;
(3) Submit rebuttal evidence; and
(4) Present summation and argument.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.07 - Postponement of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The Chairman or presiding officer may postpone a hearing upon written request by any party, except that hearings conducted under Correctional Services Article, §
									8-115, Annotated Code of Maryland, may not be postponed without the express consent of the governing authority. Postponements may be granted for reasons satisfactory to the Chairman or presiding officer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.08 - Records; Transcripts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall maintain a record in each case which shall include:
(1) Pleadings, motions, intermediate and final rulings;
(2) Documentary evidence received or considered;
(3) A statement of matters officially noticed;
(4) Questions and offers of proof, objections, and final rulings on them;
(5) Proposed findings and exceptions;
(6) The final decision, opinion, or order issued as a result of the hearing; and
(7) A staff memorandum submitted to the Commission by any Commission employee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.09 - Post-Hearing Memoranda or Briefs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon request, or upon his or her own motion, the presiding officer may allow or require the submission of memoranda or briefs on the issues of fact and law involved in the case.
B. Memoranda or briefs shall be filed in the form, with the number of copies, and at the time directed by the presiding officer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.10 - Failure of Party to Appear

Current through Register Vol. 51, No. 14, July 12, 2024
If a party fails to appear at a hearing after due notice, the presiding officer may postpone the hearing in accordance with Regulation .07 of this chapter or, in his or her discretion, proceed upon the evidence and testimony submitted by those present at the hearing and upon all other evidence properly received.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.11 - Decisions and Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. The final decision shall be stated in the record by the presiding officer, and shall be issued in writing after that and promptly forwarded to each party or to the party's attorney.
B. The final decision shall include findings of fact and conclusions of law, separately stated.
C. If the Secretary of Public Safety and Correctional Services is to render the final decision in a case pursuant to the Secretary's authority under Correctional Services Article, §
									2-113, Annotated Code of Maryland, or if a majority of the Commission members who are to render the final decision have not heard the evidence, the following procedure shall be followed:
(1) The Commission members who heard the evidence shall prepare a proposal for decision, including findings of facts and conclusions of law, which shall be forwarded to each party or the party's attorney.
(2) Each party adversely affected by the proposal for decision may file exceptions and, upon request, present argument to a majority of the officials who are to render the final decision. Exceptions, and requests for argument on the exceptions, shall be filed within 15 days of the date of the Proposal for Decision. Exceptions, and requests for argument filed after that, may not be considered.
(3) A majority of the officials who are to render the final decision shall consider exceptions, argument, if any, and the whole record or such portions of the record as are cited by the parties, before rendering a final decision.
(4) The final decision shall be immediately forwarded to each party or the party's attorney.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.12 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Reconsideration.
(1) Each party may request reconsideration of a final decision.
(2) The request shall be directed to the official or officials who rendered the decision, and shall be filed within 10 days after receipt of the final decision by the party.
(3) The request shall state the grounds for reconsideration.
(4) The decision maker shall grant or deny the request, in whole or in part, within 30 days of its filing.
(5) The filing of a request for reconsideration may not stay a final decision and may not stay the time for filing an appeal from the final decision.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.13 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
Each party aggrieved by a final decision is entitled to judicial review under State Government Article, §
									10-222, Annotated Code of Maryland, or as otherwise provided by law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS › Chapter 12.14.06 - Hearing Practices and Procedures › Section 12.14.06.14 - Stays

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Stay.
(1) Each party seeking judicial review of a final decision may request a stay of the decision pending judicial review.
(2) A request for a stay shall be filed with the decision maker within 15 days of the date of the decision for which the stay is sought.
(3) A request for a stay shall include a statement of the reasons a stay is sought.
(4) A request for a stay shall include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review.
(5) The party requesting the stay shall serve a copy of the request on all parties.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to implement the provisions of Criminal Procedure Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to:
A. The executive branch of State government;
B. A local criminal justice agency that is not in the judicial branch of government;
C. An individual, agency, or organization with an agreement with the Secretary, Department of Public Safety and Correctional Services, for access to criminal history record information; and
D. An individual who is the subject of CHRI.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.04 - Criminal Justice Information System Central Repository (Central Repository)

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository shall perform functions and other tasks delegated by the Secretary to ensure the accuracy, completeness, and security of CHRI in Maryland.
B. Central Repository Authority.
(1) With the approval of the Secretary, or a designee, the Central Repository has the authority to enter into an agreement:
(a) With an agency that by law or regulatory process has the authority to access or contribute to CHRI; and
(b) That complies with Criminal Procedure Article, §
											10-217, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.05 - Right of an Individual to Inspect the Individual's CHRI

Current through Register Vol. 51, No. 14, July 12, 2024
A. Access to CHRI.
(1) An individual may inspect the individual's CHRI maintained by a criminal justice agency, except if the CHRI or part of the CHRI is relevant to a pending criminal proceeding.
(2) The exception in §A(1) of this regulation does not affect the right of inspection and discovery permitted by rule of court or by statute.
(3) CHRI that was recorded before January 1, 1978 is subject to the right of access and challenge in accordance with this subtitle.
(4) When a request is made to review CHRI, a criminal justice agency shall make a reasonable search for the CHRI maintained under the criminal justice agency's authority.
(5) A criminal justice agency requested to provide access to CHRI that cannot be located after a reasonable search has no further obligation to provide CHRI.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.06 - Right of an Individual to Challenge a Denial to Review CHRI

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a request to review CHRI is denied pursuant to the procedures under Regulation .05 of this chapter, the individual may challenge the denial except if the request to review CHRI was denied by the courts.
B. Challenge to Denial.
(1) An individual challenging a denial of a request to review CHRI shall submit:
(a) The challenge to the Central Repository using an application form authorized by the Central Repository; and
(b) A complete set of fingerprints taken at a location designated by the Central Repository.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.07 - Right of an Individual to Challenge Completeness, Content, Accuracy, and Dissemination of CHRI

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual having reviewed CHRI may only challenge the following related to CHRI:
(1) Completeness;
(2) Content;
(3) Accuracy; or
(4) Dissemination.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 15 - CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY › Chapter 12.15.01 - Implementation of the Criminal Justice Information System Statute › Section 12.15.01.08 - Collection

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Repository shall collect and store CHRI from criminal justice agencies or CHRI repositories in the State.
B. The Central Repository shall maintain CHRI to:
(1) Reflect processing of an individual through the criminal justice system; and
(2) Ensure complete, accurate, confidential, and secure CHRI.