reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 24 - STATE RAIL SAFETY OVERSIGHT › Chapter 11.24.04 - Rules Compliance Violations › Section 11.24.04.03 - Suspension of Safety-Sensitive Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee may have his or her
				safety-sensitive certification suspended by the SSOA in accordance with to the
				following standards:
(1) In the case of a
				single incident (as defined in
				49 CFR §
											674.7) that is deemed to be a safety
				violation, the employee may have his or her safety-sensitive certification
				suspended for up to 1 month.
(2) In
				the case of two separate incidents that occurred within 24 months of each
				other, the employee may have his or her safety-sensitive certification
				suspended for up to 6 months.
(3)
				In the case of three separate incidents that occurred within 36 months of each
				other, the employee may have his or her safety-sensitive certification
				suspended for up to 1 year.
(4) In
				the case of four separate incidents that occurred within 36 months of each
				other, the employee may have his or her safety-sensitive certification
				suspended indefinitely.
(5) If a
				safety violation is egregious or results in bodily injury or death, the
				suspension period may be raised to a higher level.
(6) If an employee is not onfull duty at the
				time a suspension is to be issued, the suspension period will commence the
				first day the employee would otherwise return to full duty.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 24 - STATE RAIL SAFETY OVERSIGHT › Chapter 11.24.04 - Rules Compliance Violations › Section 11.24.04.04 - Reinstatement of Safety-Sensitive Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee whose safety-sensitive
				certification has been suspended may be eligible for reinstatement prior to the
				expiration of the initial period of suspension if:
(1) The suspension imposed is for a period of
				I year or less;
(2) The suspension
				was for reasons other than noncompliance with the drug and alcohol
				policy;
(3) The employee has been
				evaluated by a qualified supervisor of the specific safety-sensitive position
				and determined to have received adequate remedial training;
(4) The employee has successfully completed
				any mandatory training program or retraining, deemed necessary by the RTA prior
				to return to service; and
(5) At
				least one half of the imposed period of suspension has elapsed.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 24 - STATE RAIL SAFETY OVERSIGHT › Chapter 11.24.04 - Rules Compliance Violations › Section 11.24.04.05 - Administrative Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				employee wishing to file an appeal must notify the SSOA within 15 calendar days
				of receiving the notice of the suspension, to request an administrative
				hearing.
B. When a suspension is
				contested, the SSOA will forward the matter to Maryland Office of
				Administrative Hearings (OAH) to set in for a hearing.
C. The hearing will be conducted in
				accordance with Title 28 of the Code of Maryland Regulations (COMAR
				28.02.01).
D. The administrative
				law judge's decision is the final order of the MDOT Deputy Secretary of Policy,
				Planning, and Enterprise Services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish procedures for the operation of the Criminal Injuries Compensation Board, which provides financial assistance to innocent victims of violent crime or their dependents who suffer a financial loss as a result of a crime.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board", which includes board member, has the meaning stated in Criminal Procedure Article, §
										11-801, Annotated Code of Maryland.
(2) Claimant.
(a) "Claimant" has the meaning stated in Criminal Procedure Article, §
											11-801, Annotated Code of Maryland.
(b) "Claimant" may be:
(i) A victim;
(ii) A dependent as defined under Criminal Procedure Article, §
												11-801, Annotated Code of Maryland;
(iii) An eligible person under Criminal Procedure Article, §
												11-808, Annotated Code of Maryland;
(iv) An individual, other than an attorney licensed to practice law in Maryland, representing a victim, dependent, or eligible person;
(v) A guardian of a minor; or
(vi) An attorney acting in the capacity as a fiduciary, guardian, guardian ad litem, or personal representative of a decedent.
(3) "Crime" has the meaning stated in Criminal Procedure Article, §
										11-801, Annotated Code of Maryland.
(4) "Emergency award" means an advance payment granted by the Board to address immediate hardships experienced as a result of the crime for which a claim has been filed.
(5) "Fiduciary" has the meaning stated in Estates and Trusts Article, §
										15-102, Annotated Code of Maryland.
(6) "Secretary" means the Secretary of Public Safety and Correctional Services.
(7) "Victim" has the meaning stated in Criminal Procedure Article, §
										11-801, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.03 - Composition of the Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board consists of five members appointed by the Secretary, with the approval of the Governor, and with the advice and consent of the Senate.
B. The Secretary, with the approval of the Governor, shall designate one member of the Board as chairman to serve at the pleasure of the Secretary.
C. One of the Board members required under §A of this regulation shall be a family member of a homicide victim.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.04 - Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing a Claim.
(1) If the claimant chooses to be represented by an attorney, the claimant's attorney shall follow procedures under Regulation .10 of this chapter.
(2) The claimant shall file a claim:
(a) In person or by regular mail;
(b) On a form or in a format approved by the Board; and
(c) Providing signed authorization for a subrogation agreement with the Criminal Injuries Compensation Board.
(3) A claim may be filed by:
(a) A person eligible to receive an award under Criminal Procedure Article, §
											11-808, Annotated Code of Maryland;
(b) If the eligible person under §A(3)(a) of this regulation is younger than 18 years old, the eligible person's parent or guardian; or
(c) If the eligible person under §A(3)(a) of this regulation is mentally incompetent or physically unable to file the claim, the eligible person's guardian or other individual authorized to administer the eligible person's affairs.
(4) Except as stated in §A(4)(b) of this regulation, a claimant shall file a claim:
(a) Within 3 years of the date of the crime upon which the claim is based; or
(b) In the case of child abuse:
(i) Up to the date that the child who was the subject of the abuse is 25 years old; or
(ii) At any time after the occurrence of the child abuse, if, after considering the claim, the Board determines that good cause existed justifying not filing a claim before the child who was subject to the abuse is 25 years old.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.05 - Show Cause Order and Administrative Closing of a Claim

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a claimant does not provide information requested by the Board by the date established by the Board, the Board may:
(1) Issue a show cause order of dismissal that is signed by:
(a) At least one member of the Board; and
(b) The Executive Director; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.06 - Awards

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall grant awards under Criminal Procedure Article, §
									11-810, Annotated Code of Maryland.
B. The Board shall determine the amount and duration of an award subject to procedures and limitations under Criminal Procedure Article, §§
									11-811 and  11-812, Annotated Code of Maryland.
C. Emergency Awards.
(1) The Board may grant an emergency award before a final decision is made if the Board determines that:
(a) An award in the case is likely to be made; and
(b) The claimant is likely to suffer undue hardship unless immediate payment is made.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.07 - Protracted Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. An award made for disability or dependency may be paid over a protracted period on a monthly basis.
B. Except as provided under Criminal Procedure Article, §
									11-811(a)(3), Annotated Code of Maryland, an award for disability or dependency is based upon a victim's average weekly wage, excluding overtime wages, at the time of the crime, and the Board shall calculate the award based on the following:
(1) Multiply the maximum weekly payment by 52 and divide the result by 12; and
(2) Subtract from the amount determined under §B(1) of this regulation the amount of benefits received from other sources for injuries resulting from the crime on which the claim is based, disregarding subtractions based on increases:
(a) In the victim's other sources of income received or to be received under Criminal Procedure Article, §
											11-811(c), Annotated Code of Maryland;
(b) In other benefits; or
(c) In the Consumer Price Index.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.08 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Hearing.
(1) The Board may schedule a hearing if:
(a) The Board is unable to arrive at a decision based on the examination and memorandum; or
(b) There is a dispute of a fact uncovered in the Board's examination.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.09 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a claimant initiates judicial review under Criminal Procedure Article, §
									11-815, Annotated Code of Maryland, the Board shall furnish a transcript of the Board's proceedings to the:
(1) Court;
(2) Attorney General; and
(3) Claimant at, except if otherwise provided, the claimant's expense.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.10 - Representation by Attorney

Current through Register Vol. 51, No. 14, July 12, 2024
A. A claimant may elect to be represented before the Board at all stages of the proceeding by an attorney licensed to practice in Maryland.
B. A claimant's attorney shall file a notice of appearance and, when appropriate, a notice of substitution, before, or at, the attorney's first appearance.
C. The notice in §B of this regulation remains in effect until the:
(1) Claimant files, with the Board, a written revocation of the attorney's authority to represent the claimant;
(2) Claimant's attorney files, with the Board, a written statement withdrawing from the case;
(3) Attorney states on the record at a Board hearing the attorney's decision to withdraw from the case; or
(4) Board receives notice of the attorney's death or disqualification; and.
(5) Board accepts the circumstances and approves the action.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.11 - Medical Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board, at the Board's expense, may require a medical or dental examination to verify the results of the claimant's medical documentation.
B. The Board shall:
(1) Designate a physician to conduct the examination; and
(2) Notify the claimant, or the claimant's attorney, of the:
(a) Physician selected to conduct the examination; and
(b) Date, time, and location for the examination.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD › Chapter 12.01.01 - General Regulations › Section 12.01.01.12 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Other than for a claimant, review of the Board's records is subject to the limitations of disclosures under the Public Information Act in General Provisions Article, Title 4, Annotated Code of Maryland.
B. In any claim regarding a child, the Board shall:
(1) Securely maintain documents that contain the name or other information concerning a child or an individual incompetent by reason of mental incapacity to prevent disclosure of or access to the documents by an individual who is not authorized to have that information; and
(2) Disclose documents regarding children or individuals incompetent by reason of mental incapacity or information about them to persons who, by reason of participation in the proceeding, have reason to know such information.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.01 - General › Section 12.02.01.01 - Overview

Current through Register Vol. 51, No. 14, July 12, 2024
A. As it presently exists, the Maryland Division of Correction was established effective July 1, 1970. By Chapter 401, Acts of 1970, all State adult correctional facilities and related responsibilities were assigned to the Department of Public Safety and Correctional Services. The Department of Correctional Services was retitled the Division of Correction and reestablished as an agency under the Department of Public Safety and Correctional Services.
B. As an agency of the Department, the Division of Correction has central administrative control over the adult correctional facilities of the State.
C. The Commissioner of Correction is appointed by the Secretary of Public Safety and Correctional Services with the approval of the Governor, by and with the consent and advice of the Senate, in accordance with Correctional Services Article, §
									3-202, Annotated Code of Maryland.
D. The Commissioner of Correction is in sole and active charge of the Division of Correction, subject to the authority of the Secretary of Public Safety and Correctional Services and the Governor of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.01 - General › Section 12.02.01.02 - Mission

Current through Register Vol. 51, No. 14, July 12, 2024
The mission of the Division of Correction is to protect the people of Maryland from repeated criminal activities of offenders sentenced to the Division's jurisdiction. This mission is attained by the secure confinement of offenders and their successful reintegration into the community through programs of remediation, treatment, training, education, and work release.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations extend to any State, local or private correctional facility established as a community adult rehabilitation center.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.02 - Purpose of Community Adult Rehabilitation Centers

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of a community adult rehabilitation center is to house and rehabilitate those individuals who have been convicted of crimes but who, in the judgement of the courts and appropriate correctional personnel, can best be rehabilitated in community facilities without substantial danger to the community.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
As used in these regulations, the following words have the meanings indicated:
A. "Administrative unit" is an area separate from the facility's housing units, which contains certain administrative, staff and program spaces which are shared by the housing units.
B. "Commissioner" means the Commissioner of Correction.
C. "County" includes Baltimore City.
D. "Facility" means a community adult rehabilitation center.
E. "Housing unit" is a physically separate housing and program space which contains one or more housing sub-units and certain staff, program and recreational spaces and a living area which are shared by the sub-units.
F. "Housing sub-unit" is a physically separate area which contains sleeping quarters, bathing and toilet facilities.
G. "Secretary" means the Secretary of Public Safety and Correctional Services.
H. "State inmate" means an inmate who is sentenced to the Division of Correction.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.04 - Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The facility and its records shall be available at all times for inspection by the Secretary, Commissioner, or their designees in order to determine compliance with these regulations.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.05 - Siting of Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
In determining the appropriateness of a site for a facility, the following factors shall be considered:
A. When feasible and practical, the location should be in reasonable proximity to the communities from which the majority of its inmates come.
B. The location should be situated so that it can attract qualified line and professional staff of racial and ethnic origin compatible with the inmate population.
C. The location should be such that it can attract the variety of full time and part time professional specialists required to deliver the required services.
D. The location should be reasonably close to public transportation, or other means of staff, inmate, and visitor transportation should be readily available.
E. The facility should be located reasonably close to employment, education, and training opportunities for its inmates.
F. The location should be in reasonable proximity to medical facilities for emergency medical care.
G. Where feasible, practical, and possible, the site should allow for either natural or man made barriers or buffers from residential communities.
H. The external environment of a facility should be suitable for residential living.
I. Community attitudes and extent of any opposition to the site should be considered.
J. Utilities required by the facility should be already available to the site or capable of being economically provided.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.06 - Physical Characteristics of Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements. All Community Adult Rehabilitation Centers meet the following physical standards:
(1) The facility shall comply with applicable fire, electrical, plumbing, mechanical, safety, health, building, housing and use laws, codes and ordinances and shall be maintained according to them. Documentation shall be available to establish compliance.
(2) More than 40 inmates may not be housed in a facility without physical separation into two distinct and separate housing units.
(3) The facility shall provide a minimum of 60 square feet per inmate in the sleeping quarters, and any furniture shall be arranged to provide some degree of privacy.
(4) The facility shall provide, at a minimum, one toilet for each eight inmates.
(5) The facility shall provide, at a minimum, one wash basin for each eight inmates.
(6) The facility shall provide, at a minimum, one shower or bathing facility for each 15 inmates. This shall include at least one bath tub or shower/tub combination, for each ten female inmates.
(7) All bedroom and bathroom areas shall be so designed as to maintain appropriate separation of male and female inmates.
(8) Outside access to and egress from a housing unit shall be controlled through a single main entrance/exit.
(9) Any exterior door, except the main entrance shall be considered a fire door, shall be locked to outside use, and shall be equipped with an alarm to sound when the door is opened from the inside.
(10) A dining area shall be provided and shall contain sufficient tables and chairs to seat at least one-third of the inmates at one time.
(11) The facility shall be maintained at a temperature above 65 degrees during the day and at least 62 degrees at night.
(12) The facility shall be well ventilated to insure that internal temperatures during summer months do not exceed outside temperatures by more than 10 degrees.
(13) The facility shall contain a secure room or rooms for temporarily holding:
(a) Inmates who may have incurred a mental problem and are displaying behavior which is threatening to themselves or others;
(b) Inmates who are potential escapees while awaiting serious disciplinary hearings; or
(c) Any other inmate while awaiting transfer to more appropriate confinement or care facility.
(14) Sufficient area for correctional programming shall be provided. This area shall be air conditioned, if feasible, and shall include, but not be limited to space for the following:
(a) Confidential interviews;
(b) Group counseling;
(c) Class room and quiet study;
(d) Meetings and classification.
(15) Artificial lighting should provide an intensity of illumination of 6 foot candles and be available to cover 25 percent of the floor area in each bedroom with at least 15 foot candles of local illumination for reading.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.09 - Accounting, Reporting, and Accountability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Accounting - Financial.
(1) The facility shall use a recognized system of fiscal management accountability.
(2) In private facilities, the fiscal process shall include an independent annual audit which shall be conducted by a certified public accountant.
(3) The facility shall have written fiscal policies which include internal controls.
(4) For private facilities, the fiscal policy shall provide for adequate insurance coverage to include, but not limited to:
(a) Physical plant;
(b) Equipment;
(c) Client liability; and
(d) Bonding for board and staff.
(5) The facility fiscal policy shall provide a written policy for:
(a) Inventory control of agency property and assets;
(b) Accountability of petty cash expenditures;
(c) Purchasing and bidding of supplies and equipment;
(d) Completion of staff time sheets.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.10 - Facility Management

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Administration.
(1) Any private agency operating a facility shall have:
(a) A constitution or articles of incorporation which meet all of the legal requirements of the State;
(b) Documentation of its tax status with the Internal Revenue Service; and
(c) By-laws, approved by the local governing board and filed with the appropriate local, State, and/or federal bodies.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.11 - Community and Public Relations

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The facility shall conduct an on-going program of public information to encourage understanding, acceptance and support of its programs.
(2) The facility shall participate in community planning organizations as they relate to the services rendered by the facility.
(3) The facility shall prepare an annual report and make it available to the public.
(4) The facility shall maintain connective relationships with other components of the criminal justice system, such as law enforcement, public defender, judges, sheriff's office, Division of Correction and Division of Parole and Probation.
(5) The facility shall maintain connective relationships with non-criminal justice agencies, such as educational institutions, vocational training centers, employment offices, mental health services and social service agencies.
(6) The facility shall have a written public information policy which outlines provisions governing staff and inmate contact with the news media.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.03 - Community Adult Rehabilitation Centers › Section 12.02.03.12 - Waivers

Current through Register Vol. 51, No. 14, July 12, 2024
A waiver from one or more of the above regulations may be requested in writing from the Secretary of Public Safety and Correctional Services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.04 - Public and Media Relations › Section 12.02.04.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Commissioner" means the Commissioner of the Division of Correction or a designee.
(2) "Division" means the Division of Correction.
(3) "Subunit" means the Division of Correction institutions, minimum security State or contractual prerelease units, and State Use Industries.
(4) "Warden" means the warden or a designee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.04 - Public and Media Relations › Section 12.02.04.02 - Public Relations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall ensure that Division headquarters and each subunit:
(1) Respond to citizens' inquiries and complaints transmitted either in writing, by telephone, or through personal visits;
(2) Designate a person to handle inquiries or complaints; the public relations representative may refer a matter to a more appropriate individual or agency for a response;
(3) Ensure that switchboard operators, receptionists, mail room personnel, and other staff refer citizen telephone calls, mail, and visitors to the unit's designated public relations representative.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.04 - Public and Media Relations › Section 12.02.04.03 - Media Relations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Access to Public Information.
(1) The Commissioner and each warden shall encourage and develop mutual cooperation with media representatives, and permit the greatest possible access to public information within the limitations of applicable statutes and within operational limitations.
(2) An employee of a Division facility shall refer all media inquiries to the warden.
(3) The warden shall determine whether media inquiries will be forwarded to the Public Information Office of the Division.
(4) Division employees who provide information to media representatives shall ensure that the information is:
(a) The best available;
(b) Truthful, objective, and accurate; and
(c) Limited to the information authorized for release under the Maryland Public Information Act, State Government Article, §
											10-611 et seq., Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.04 - Public and Media Relations › Section 12.02.04.04 - Citizens' Tours of Division Institutions and Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A citizen may request a tour of a Division facility by a letter to the warden or unit manager of the facility. The letter shall include:
(1) The requested date and time for the tour;
(2) A telephone number and address for the tour applicant;
(3) The reason or reasons for the tour; and
(4) The number of citizens who are to participate in the tour.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.05 - Safety › Section 12.02.05.01 - 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 institutions and facilities, including State Use Industries.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.05 - Safety › Section 12.02.05.02 - 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) "Commissioner" means the Commissioner of the Division of Correction or a designee.
(2) "Division" means the Division of Correction.
(3) "Evacuation" means to move inmates and staff from a threatened area of fire or hazard of fire.
(4) "Fire plan" means the plan of evacuation, security, first aid, and firefighting for the institution.
(5) "Fire safety" means a policy and procedures which ensure an institution's safety from fire hazards.
(6) "Fleet safety coordinator" means a person who is the assigned representative in each motor vehicle safety activity.
(7) "Institution" means a building that is occupied by inmates and staff.
(8) "Motor vehicle" means a device which transports a person or property.
(9) "State vehicle" means a motor vehicle titled or leased to the State.
(10) "Support agency" means:
(a) A utility company;
(b) An emergency medical service;
(c) A law enforcement agency;
(d) Another Division institution;
(e) Another agency which may assist an 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 02 - DIVISION OF CORRECTION › Chapter 12.02.05 - Safety › Section 12.02.05.03 - Fire Plan Elements

Current through Register Vol. 51, No. 14, July 12, 2024
The Commissioner shall ensure that:
A. Each warden develops a procedure to establish a fire plan in conjunction with the fire marshal of the locality.
B. Each warden appoints a fire safety officer who has completed a qualified fire safety program.
C. Each 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 and the Division headquarters.
(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 fire fighting, 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 procedure 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 institutional 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 institutional 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 Division headquarters. When the fire department is summoned to an institution, the warden or designee shall ensure that Division headquarters' personnel are notified according to the following:
(a) The Deputy Commissioner during normal business hours; or
(b) The Division duty 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.
(18) Establishment of a list of support agencies which shall be reviewed and updated annually.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.05 - Safety › Section 12.02.05.04 - Conduct of Fire Drills

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall ensure that during a fire drill an entire inmate population is not evacuated at one time. Sections of an institution may be evacuated to other sections of the institution.
B. Each warden may simulate fire drill evacuations under conditions in which evacuation would not jeopardize institutional safety and control.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.05 - Safety › Section 12.02.05.05 - Vehicle Safety and Preventive Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall ensure that Division guidelines 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 02 - DIVISION OF CORRECTION › Chapter 12.02.06 - Inmate Commitment › Section 12.02.06.02 - Parole Procedure for Life Sentences

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under Correctional Services Article, §
									7-301(d)(2), Annotated Code of Maryland, an inmate who has been sentenced under Criminal Law Article, §
									2-303, Annotated Code of Maryland, to life imprisonment when the death penalty had been sought for a first degree murder offense which was committed on or after July 1, 1983, is not eligible for parole consideration until the inmate has served 25 years less any diminution of confinement credits.
B. According to Correctional Services Article, §
									7-301(d)(1), Annotated Code of Maryland, other inmates who have been sentenced to life imprisonment are not eligible for parole consideration until they have served 15 years less any diminution of confinement credits.
C. If an inmate is serving consecutive life sentences, the inmate is not eligible for parole consideration until the inmate has served the sum of the number of years required by §A or B for each life sentence less any diminution of confinement credits.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.06 - Inmate Commitment › Section 12.02.06.03 - Diminution of Confinement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, this regulation applies to a term of confinement being served by an inmate in the Division.
B. This regulation does not apply to an indeterminate sentence for civil contempt.
C. Entitlement to Diminution Credit. An inmate is entitled to diminution of the inmate's term of confinement subject to Correctional Services Article, §
									3-711 and Title 7, Subtitle 5, Annotated Code of Maryland, from:
(1) The date of sentencing to the custody of the Commissioner; or
(2) If first serving a concurrent Maryland sentence in a foreign jurisdiction and later transferred to the custody of the Commissioner, the date the inmate is received into the physical custody of the Commissioner.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.06 - Inmate Commitment › Section 12.02.06.04 - Application of Diminution Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Diminution credit may be awarded under Correctional Services Article, §§
									3-703 - 3-707, Annotated Code of Maryland, in one or more of the following categories:
(1) Good conduct;
(2) Work tasks;
(3) Education; or
(4) Special projects.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.06 - Inmate Commitment › Section 12.02.06.05 - Revocation of Diminution Credit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Diminution credits awarded for participation in education programs may not be revoked under any circumstances.
B. Good conduct credit and special projects credit may be revoked as the result of an adjustment proceeding.
C. The Commissioner shall revoke all special projects credit for housing awarded under Regulation .04F of this chapter if, within 60 days before an inmate's release on mandatory supervision, the inmate is found guilty of an institutional rule violation for:
(1) Assault;
(2) Possession of:
(a) A weapon or any other article which has been modified into a weapon;
(b) An implement which could be reasonably used to perpetrate an escape;
(c) A controlled dangerous substance or any intoxicating substance;
(d) Unauthorized medication;
(e) Stolen property; or
(f) Cash, checks, or money orders in excess of the amount authorized under procedures established by the institution where the inmate is housed;
(3) Escape; or
(4) Attempted escape.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.06 - Inmate Commitment › Section 12.02.06.06 - Restoration of Revoked Diminution Credit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except under §C of this regulation, upon the recommendation of case management staff, a warden may restore diminution credit revoked during the current incarceration.
B. Case management staff may recommend restoration of revoked diminution credit for an inmate who:
(1) Has no guilty finding for an inmate rule violation in the preceding 6 months;
(2) Is not serving a period of disciplinary segregation;
(3) Has not been in disciplinary segregation in the preceding 6 months;
(4) With the application of the maximum amount of restored diminution credit, is within 12 months of release; and
(5) Has:
(a) Not received prior consideration for restoration of diminution credit during the current term of confinement; or
(b) Received prior consideration for restoration of diminution credit where, as part of that consideration, a condition was imposed that the inmate was required to meet before a second consideration to restore revoked diminution credit would be given under this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.06 - Inmate Commitment › Section 12.02.06.07 - Establishing a Diminution of Confinement Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall maintain a system for administering the diminution of confinement for each inmate.
B. A diminution of confinement record shall:
(1) Be established on the date that an inmate is received into the custody of the Commissioner;
(2) Contain entries reflecting all diminution credits awarded, revoked, or restored; and
(3) Reflect a current and accurate record of diminution credit affecting an inmate's term of confinement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.06 - Inmate Commitment › Section 12.02.06.08 - Notification of Release

Current through Register Vol. 51, No. 14, July 12, 2024
Before release of an inmate for mandatory supervision or expiration of sentence, the commitment office supervisor, or a designee, shall notify the victim of the crime for which the inmate was incarcerated, if the victim has filed a written request for notification.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.07 - Case Management Process › Section 12.02.07.01 - 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) "CARC" means a community adult rehabilitation center established under Correctional Services Article, Title 11, Subtitle 3, Annotated Code of Maryland, and COMAR 12.02.03.
(2) "Commissioner" means Commissioner of the Division of Correction, or designee.
(3) "Confidential material" means:
(a) Addresses and telephone numbers on victim impact letters;
(b) Police reports;
(c) Juvenile records;
(d) Presentence investigations;
(e) Psychological reports, psychiatric evaluations, evaluation reports, and social histories;
(f) Parole progress file; and
(g) Correspondence relating to therapy.
(4) "Division" means Division of Correction.
(5) "Escape" means a documented incident of unauthorized absence from lawful confinement or custody, except for an inmate on work release, or an inmate assigned to the central home detention unit who is convicted solely of unauthorized absence or being out of bounds.
(6) "G housing identifier" means that the inmate has been reviewed for placement in the general population and is considered suitable for double-celling or dormitory housing.
(7) Inmate Records.
(a) "Inmate records" means the written information that is assembled, maintained, and used in accordance with the provisions of Correctional Services Article, §§
											3-601 -3-608, Annotated Code of Maryland.
(b) "Inmate records" includes:
(i) Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed for that conviction;
(ii) The inmate's prior criminal and juvenile history, and relevant records concerning it;
(iii) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate;
(iv) School records;
(v) Information concerning the inmate's prior medical and mental health history, including relevant medical and hospital records and reports; and
(vi) Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.
(c) "Inmate records" does not mean separate Division records maintained by the mental health and health services units.
(8) "MAP" means mutual agreement programming which is a process of negotiating agreements among an inmate, the Maryland Parole Commission, and the Division.
(9) "S housing identifier" means that special factors preclude the inmate's assignment to the general population and require single-celling. Special factors include a history of the following:
(a) Aggressive behavior;
(b) Medical problems;
(c) Mental health problems; or
(d) Victimization by other inmates.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.07 - Case Management Process › Section 12.02.07.02 - Case Management Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. In classifying an inmate committed to its custody, the Division uses a review in accordance with Correctional Services Article, §
									9-305, Annotated Code of Maryland, which requires:
(1) The consideration of case information; and
(2) An administrative process.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.07 - Case Management Process › Section 12.02.07.03 - Case Management Approval Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The assigned case management specialist shall prepare the appropriate form to consider the actions designated in this regulation and submit the completed form for team or administrative review.
B. A reviewing supervisor or members of a team shall:
(1) Review the completed form;
(2) Record their recommendations and rationales;
(3) Sign the form;
(4) Check the box provided on the form to reflect their personal concurrence or nonconcurrence with the recommended action;
(5) If nonconcurring, record in the space provided a brief supporting rationale;
(6) Ensure compliance with a written request from a crime victim to read a victim impact statement at a case management hearing at which an inmate is considered for:
(a) Family leave,
(b) Special leave, and
(c) Home detention; and
(7) Forward the form to the warden or designee for review.