reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.07 - Case Management Process › Section 12.02.07.04 - Access to Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall compile and maintain a complete record and history of an inmate.
B. The Division shall also record a full and accurate description of an inmate committed to it, including photographs.
C. The Division shall seek the cooperation of State and local officials and agencies in order to obtain required information. Division staff shall promptly request the information, records, and reports from these officials to ensure that this section is complied with.
D. A warden may grant access to an inmate's records, except for a presentence investigation, without a written request, to:
(1) A provider of medical services, if the record is necessary to assure medical care;
(2) The inmate's attorney;
(3) An individual authorized by court order;
(4) An individual authorized by law;
(5) A Maryland judge; and
(6) A State's attorney.
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 12.02.07.05 - Request for Inactive Inmate Records Maintained at the State Records Center

Current through Register Vol. 51, No. 14, July 12, 2024
A. A case management manager, supervisor, or designee shall ensure that a reference request form is prepared when an inmate's records are requested from the State Records Center.
B. A case management manager, supervisor, or designee shall notify the State Records Center of the records which are needed for review and obtain the records at the State Records Center, Waterloo, Maryland.
C. When the records are no longer needed, the case management manager, supervisor, or designee shall return the record to the State Records Center.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.08 - Custody and Security › Section 12.02.08.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Adverse job action" means a disruption to the normal operational order of the institution by concerted action or inaction of an institution's employees.
(2) "Disturbance" means a situation which disrupts the normal operational order of an institution, and for which the assistance of additional off-duty staff may be required.
(3) "Division" means Division of Correction.
(4) "Major emergency" means a situation occurring within a facility or on surrounding State property under the jurisdiction of the Division requiring the deployment of resources internal or external to save lives, protect property and public safety, or to avert or lessen the severity of the situation. An emergency condition exists if the situation poses a severe threat to maintaining the desired level of security and safety of those inside.
(5) "Maximum security" means the second highest security level which provides secure housing for an inmate who:
(a) Poses a high risk of violence;
(b) Is a significant escape risk;
(c) Has a history of serious institutional disciplinary problems; or
(d) Is likely to have serious disciplinary problems.
(6) "Medium security" means the third highest security level which provides housing for an inmate who:
(a) Poses some risk of violence;
(b) Is a moderate escape risk; or
(c) Has a limited history of institutional disciplinary problems.
(7) "Minimum security" means the next to lowest security level which provides housing for an inmate who:
(a) Poses less risk of violence;
(b) Poses less risk of escape; or
(c) Has a minimal history of disciplinary problems.
(8) "Perimeter" means the wall or fence surrounding an institution.
(9) "Prerelease security" means the lowest security level which provides housing for an inmate who:
(a) Presents the least risk of violence;
(b) Presents the least risk of escape; and
(c) Has a record of satisfactory institutional behavior.
(10) "Security"means an institution's physical features which help control inmate behavior and prevent escape.
(11) "Super maximum security" means the highest security level. A super maximum security institution provides secure housing within a secure perimeter. Features include single-celling, extremely limited institutional movement, constant observation, and limited inmate-to-staff and inmate-to-inmate contact to control the behavior of an inmate who has demonstrated an inability to be housed in an institution of lesser security.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.08 - Custody and Security › Section 12.02.08.02 - Security Levels

Current through Register Vol. 51, No. 14, July 12, 2024
A. A super maximum security institution provides the highest level of secure housing within a secure perimeter for an inmate who:
(1) Poses a high risk of violence;
(2) Is a significant escape risk;
(3) Has a history of serious institutional disciplinary problems or is likely to have serious disciplinary problems; and
(4) Has demonstrated an inability to be housed in an institution of lesser security.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.08 - Custody and Security › Section 12.02.08.03 - Emergency Preparedness Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall develop and implement an emergency preparedness program for major emergencies which may affect the safety and security of a facility. The program shall include procedures for the following:
(1) Establishment of command responsibility;
(2) Isolation, containment, and control of the emergency situation; and
(3) Reestablishment to normal operational order following resolution of the emergency situation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.09 - Medical Services › Section 12.02.09.01 - 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) "Abortion" means spontaneous or induced termination of pregnancy.
(2) "Commissioner" means Commissioner of the Division of Correction or designee.
(3) "Director" means Director, Health and Mental Health Services of the Division.
(4) "Division" means Division of Correction.
(5) "Involuntary admission" means admission of an inmate to a psychiatric hospital other than voluntarily.
(6) "Medical parole" means a parole granted to an inmate because of a diagnosed serious medical condition.
(7) "Parole" means a conditional early release of an inmate from the Division of Correction.
(8) "Postnatal care" means the necessary intervention affording health care and support to the infant.
(9) "Postpartum care" means the necessary intervention affording health care and support to a recently delivered mother.
(10) "Pregnancy" means the gestational process of growth and development within a woman of a new individual from conception through the embryonic and fetal periods to birth.
(11) "Prenatal care" means the necessary intervention affording health care both to the woman and to the fetus during pregnancy and before birth.
(12) "Terminal" means ending in death.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.09 - Medical Services › Section 12.02.09.02 - Inmate Pregnancy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Assessment and Treatment.
(1) The health services provider shall provide a complete history, physical examination, and definitive laboratory test to determine pregnancy when requested by:
(a) The inmate;
(b) Medical staff; or
(c) The warden.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.09 - Medical Services › Section 12.02.09.03 - Involuntary Admission of an Inmate to a Psychiatric Hospital

Current through Register Vol. 51, No. 14, July 12, 2024
A. The warden shall:
(1) Ensure that an admission to a mental hospital is limited to a Department of Health and Mental Hygiene psychiatric hospital; and
(2) Comply with the requirements for an involuntary admission under Health-General Article, §§10-613 -10-617, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.09 - Medical Services › Section 12.02.09.04 - Medical Parole

Current through Register Vol. 51, No. 14, July 12, 2024
Criteria for medical parole consideration include all of the following:
A. The inmate is imminently terminal or has a condition which would indicate that continued imprisonment would serve no useful purpose. An example of the latter would be an irreversible coma.
B. The inmate's release would not unduly jeopardize public safety.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.09 - Medical Services › Section 12.02.09.05 - Contents of Medical Parole Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. A warden shall ensure that all documents forming the basis for a medical parole request are submitted to the Parole Commission through the Division Director and the Commissioner. Upon approval, the Commissioner shall forward a recommendation for medical parole to the Parole Commissioner for consideration.
B. To initiate consideration for a medical parole, a warden shall send a summary of an inmate's incarceration record since admission or last parole consideration to the Division Director. The summary shall include the following:
(1) History of program participation;
(2) Special housing requirements;
(3) Statement by the attending physician which includes:
(a) Diagnosis,
(b) Prognosis,
(c) Inpatient or outpatient status, and
(d) Criteria justification; and
(4) Statement by the warden which includes:
(a) A recommendation to either approve or disapprove the medical parole request,
(b) The reasons for the recommendation, in § B(4)(a), and
(c) An aftercare treatment plan for the inmate.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.09 - Medical Services › Section 12.02.09.06 - Medical Treatment of Inmates While on Work Release, Leave, or Escape

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division is financially responsible for treatment of injury or illness sustained by an inmate while on unescorted family leave, work release, unescorted special leave, or in an escape status.
B. Emergency medical treatment shall be provided to Division inmates by a community hospital.
C. Invoices for services provided shall be submitted to the Division health services contractor.
D. Nonemergency treatment shall be rendered by the Division health services provider.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.11 - Inmate Recreational Programs › Section 12.02.11.01 - Recreation Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall develop, implement, and maintain a recreational program for the inmate population.
B. The Commissioner shall ensure that an inmate is given the opportunity to participate in as many recreational activities as possible, considering institutional security and control needs.
C. A volunteer may be used at each institution for the recreational program, under the supervision of recreation staff, and in conjunction with the volunteer services program requirements and security regulations.
D. The Commissioner may develop procedures for inmate participation in a community league when consistent with established Division policy and security requirements.
E. A staff member involved with an inmate recreation program may consult with a community-based interest group to provide liaison service for a program, and to ensure community and institutional interaction.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall establish a work release program for an eligible inmate who can safely be allowed to enter the community unescorted with minimum risk to public safety.
B. Work release is a privilege which may be granted to an eligible inmate in order to:
(1) Provide an inmate with the opportunity to demonstrate the ability to function in the community in preparation for eventual release;
(2) Complement the educational and vocational training obtained within the Division;
(3) Enable the inmate to meet the following types of financial obligations:
(a) Room,
(b) Board,
(c) Transportation costs,
(d) Clothing,
(e) Support payments for dependents, and
(f) Victim restitution;
(4) Provide an inmate with the opportunity to gain work experience and develop positive work habits;
(5) Enable an inmate to attend school.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Case information" means any information about the inmate which is contained in the inmate's Division base file.
(2) "Commissioner" means the Commissioner of the Division of Correction.
(3) "Division" means Division of Correction.
(4) "Estimated release date" means:
(a) For inmates serving sentences other than life, the mandatory supervision release date, expiration of sentence date, MAP release date, delayed parole release date, or any scheduled parole hearing date that is likely to result in approval for parole;
(b) For inmates serving life sentences, a scheduled parole rehearing date that was established at a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release;
(c) For inmates serving a life sentence with all but a portion of the sentence suspended, either a date as defined in §B(4)(b) of this regulation or a mandatory supervision release date.
(5) "Job check" means an investigation of a work release job to determine if the inmate and the employer are adhering to the requirements of the work release program and that the inmate is satisfactorily adjusting to the demands of the job.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.03 - Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner or designee may specify certain treatment and educational programs that an inmate is required to complete before becoming eligible for work release. These programmatic requirements shall ensure that an inmate's needs are addressed before an inmate begins work release.
B. Inmates serving sentences of life without parole are not eligible for work release at any time during their sentence.
C. Inmates serving life sentences other than life without parole may be considered for work release if the:
(1) Inmates are eligible for parole consideration under Correctional Services Article, §
										7-301, Annotated Code of Maryland. This section requires the inmate to serve 15 years less credits earned under Criminal Procedure Article, §
										6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.
(2) Death penalty was sought by the State in the inmate's prosecution but not imposed. The inmate shall serve 25 years less credits earned under Criminal Procedure Article, §
										6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland, before the inmate may be considered for work release.
(3) Inmate had a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release.
(4) Parole Commission has scheduled a parole rehearing date at the same time the Parole Commission explicitly recommended work release.
(5) Inmate meets all the eligibility criteria listed in §D(1), (2), and (3) of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.04 - Approving Inmates for Work Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. When considering an inmate for work release, a warden and each classification team member shall determine if the inmate meets eligibility criteria, and give consideration to each of the following:
(1) Inmate's potential threat to public safety;
(2) Community's perception of the work release program;
(3) Inmate's institutional adjustment; and
(4) Inmate's previous participation in institutional programs.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.05 - Placement of an Inmate on Work Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. The warden shall ensure that a participating inmate be given an orientation which explains the rules and regulations of the work release program to an inmate before an inmate's placement on a job.
B. A work release counselor shall assist an inmate in the development of employment opportunities and placement on a job which is consistent with an inmate's individual and program goals.
C. A counselor shall evaluate the legitimacy of each job opportunity before placement of an inmate, and shall also evaluate the integrity of the potential employer.
D. The Commissioner or a warden may establish a list of unacceptable employment conditions for work release jobs. Inmates may not be placed on jobs that have any of the unacceptable conditions specified by the Commissioner or a warden.
E. Each warden shall ensure that each employer is provided with a:
(1) Copy of all work release rules which the employer and the inmate are required to follow; and
(2) Work release orientation explaining the rules of the work release program and the Division's expectations of participating employers.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.06 - Supervision on Work Release

Current through Register Vol. 51, No. 14, July 12, 2024
The Commissioner shall establish minimum standards of supervision for an inmate assigned to work release which shall include at least the following requirements:
A. Monthly interview of an inmate by a work release counselor;
B. Monthly job checks by a work release counselor which shall be accomplished by personal visits to the job site;
C. Monthly additional job checks by the work release counselor which may be accomplished by means other than personal visits to the job site;
D. Monthly comparisons of the prerelease facility's records of the hours that an inmate worked with an employer's records of an inmate's work hours; and
E. Monthly audits of work release case supervision records by each warden or designee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.07 - Removal from Work Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall ensure that an inmate is automatically removed from work release if classified higher than the prerelease security level.
B. An inmate may be removed from work release for any reason considered appropriate by a classification team provided that this decision is made in accordance with the procedures in Division Regulation 100-1 and approved by the warden.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.08 - Disposition of Work Release Earnings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each work release participant shall turn in all earnings to Division staff immediately upon return to the unit on the day the pay is received.
B. Division staff shall ensure that deductions are made from each work release inmate's earnings in the following order of priority:
(1) The amount determined to be the cost to the State of providing travel, food, lodging, and clothing for the inmate;
(2) An amount an inmate is legally obligated to pay for the support of dependents; and
(3) An amount an inmate has been ordered by the court to pay for restitution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.12 - Work Release › Section 12.02.12.09 - Work Release for Division Inmates Housed in Local Jails

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner may designate jails or detention facilities within the political subdivisions of Maryland as places for housing an inmate committed to the custody of the Division who is approved for work release.
B. A Division work release regulation shall, to the extent possible, be applied to an inmate housed in a local facility as if the inmate were housed in a Division facility.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.13 - Volunteer Services › Section 12.02.13.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Citizen participant" means a person who provides a service on an irregular and infrequent basis, not exceeding six visits per year.
(2) "Commissioner" means Commissioner of the Division of Correction or designee.
(3) "Community service worker" means a person who agrees to perform a certain number of community service hours as a condition of probation.
(4) "Coordinator" means volunteer activities coordinator.
(5) "Director" means the Division headquarters Chief of Religious and Volunteer Services.
(6) "Division" means Division of Correction.
(7) "Employee volunteer" means a person who is employed by an institution and who provides a service on personal time to that institution.
(8) "Frisk search" means running the hands across clothing worn to detect any hidden objects.
(9) "Maryland CCH IDENT/INDEX" means Computerized Criminal History Identification Index.
(10) "Material or monetary donor" means a person or group that provides material or monetary donations to an institution or the Division.
(11) "Rap sheet" means the primary method by which criminal history information is reported.
(12) "Reasonable suspicion" means the apparent state of facts or circumstances which would lead a reasonably prudent person to:
(a) Believe that something is wrong;
(b) Have an apprehension or to imagine that a violation has been, is being, or will be committed by a specific individual based on only slight evidence which does not amount to proof.
(13) "Registered volunteer" means a volunteer who has completed the screening and orientation procedures, and has obtained the approval necessary to make regular visits to the institution.
(14) "Student intern" means a student from a post-high school educational institution who, for credit and under the supervision of that person's school, performs services on a regular or frequent basis.
(15) "Volunteer" means someone who has been approved as a volunteer through the procedures in this chapter.
(16) Volunteer Professional.
(a) "Volunteer professional" means a person who represents another agency in providing a service on a regular or frequent basis and is paid by that agency.
(b) "Volunteer professional" does not mean the following personnel:
(i) Department of Education staff;
(ii) Contractual personnel who provide substance abuse treatment;
(iii) Institutional parole agents.
(17) "Volunteer services" means planned activities which aid staff in promoting inmate adjustment and which utilize volunteers.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.13 - Volunteer Services › Section 12.02.13.02 - Use of Volunteers

Current through Register Vol. 51, No. 14, July 12, 2024
Volunteers shall be used as an integral part of the service delivery system for the benefit of the Division and its population. Volunteers shall supplement and extend, not take the place of, staff and staff services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.13 - Volunteer Services › Section 12.02.13.03 - Volunteer Services Program Management

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director and the coordinator for each institution shall develop annual volunteer goals based on institutional needs and direction from the Commissioner and warden.
B. Each registered volunteer shall have a written assignment description prepared by the coordinator.
C. The Director and the coordinators shall recruit volunteers from the various cultural and socioeconomic segments of the community.
D. Selection.
(1) A coordinator shall ensure that each volunteer applicant is screened using the following methods:
(a) Personal interview;
(b) Completion of application for volunteer service;
(c) Investigation of credentials, if credentials are germane to volunteer services; and
(d) Criminal history investigation using, at a minimum, the following sources:
(i) Maryland CCH IDENT/INDEX and rap sheet,
(ii) FBI check (transaction codes CCH and CCF),
(iii) OBSCIS II, which is a management information system for the Division of Parole and Probation,
(iv) Motor vehicle records, and
(v) Fingerprinting, followed by submission of prints to the FBI for identification, at the warden's discretion.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.13 - Volunteer Services › Section 12.02.13.04 - Reassignment, Suspension, and Discharge of a Volunteer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The coordinator shall initiate appropriate action if a volunteer is:
(1) Arrested;
(2) Violates institutional rules; or
(3) Is not performing responsibilities in accordance with the assignment description or the expectations of the supervisor.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.14 - Inmate Privileges › Section 12.02.14.01 - Inmate Access to Telephone

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Emergency Telephone Call.
(a) "Emergency telephone call" means a telephone call for an inmate which involves:
(i) Serious family illness;
(ii) Injury or death of a family member; or
(iii) Other serious matters as determined by appropriate institutional personnel.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.15 - Inmate Escape › Section 12.02.15.01 - 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 Commissioner of the Division of Correction or designee.
(2) "Crime victim" means a person who suffers personal physical injury, death, or loss of property as a direct result of a crime, and includes the spouse, child, sibling, parent, legal guardian, or next of kin of the person, if the person is deceased.
(3) "Division" means Division of Correction.
(4) "Escape" means unauthorized departure of an inmate from a place of lawful confinement or custody.
(5) "Jessup regional emergency warning system" means the mechanism through which the Jessup community and Jessup area correctional facilities are notified of escapes, the apprehension of escapees, and mass disturbances that have occurred in Jessup area correctional facilities. This mechanism includes a siren alarm and a recorded telephone message concerning the incident. The telephone number through which the public may access the recorded message is (410) 799-1136.
(6) "FBI" means Federal Bureau of Investigation.
(7) "Warden" means warden or designee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.15 - Inmate Escape › Section 12.02.15.02 - Notification of Escape

Current through Register Vol. 51, No. 14, July 12, 2024
A. When an inmate escapes from the custody of the Division, the Commissioner shall ensure that the following notifications are made:
(1) Institutions and units of the Maryland Correctional Prerelease System in the Baltimore region shall notify the:
(a) Baltimore City Police Department, Eastern District,
(b) Fugitive squad of the Baltimore City Police Department, and
(c) Federal Bureau of Investigation;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.15 - Inmate Escape › Section 12.02.15.03 - Escape Retake Warrant Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. When it has been confirmed that an inmate has escaped, the Commissioner shall ensure that:
(1) An escape retake warrant is issued;
(2) The original warrant is mailed, using first class mail, to Maryland State Police Headquarters.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.15 - Inmate Escape › Section 12.02.15.04 - Return of an Escapee to the Division

Current through Register Vol. 51, No. 14, July 12, 2024
A. An apprehended escapee who has escaped from one of the following institutions shall be returned to that institution:
(1) Maryland Penitentiary;
(2) Maryland Correctional Training Center;
(3) Maryland Correctional Institution--Hagerstown;
(4) Roxbury Correctional Institution;
(5) Maryland House of Correction;
(6) Maryland Correctional Institution--Jessup;
(7) Maryland Correctional Institution for Women;
(8) Eastern Correctional Institution;
(9) Maryland Reception, Diagnostic, and Classification Center; and
(10) Maryland Correctional Adjustment Center.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.15 - Inmate Escape › Section 12.02.15.05 - Notification of Return from Escape

Current through Register Vol. 51, No. 14, July 12, 2024
A. When an escapee is returned to the custody of the Division, the Commissioner shall ensure that the warden of the institution receiving the returned escapee prepares a letter notifying the Maryland State Police of the return from escape, with copies provided to the:
(1) Local law enforcement agency;
(2) FBI;
(3) Commissioner; and
(4) Baltimore City fugitive squad.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.16 - Visits to Inmates › Section 12.02.16.01 - 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) "Certified religious visitor" means a person who is certified by the applicable religious authority to minister to members of that body, and who has been processed according to relevant institutional directives to visit individually with a specific inmate on a regular, occasional, or one-time-only basis.
(2) "Commissioner" means Commissioner of the Division of Correction or designee.
(3) "Contact visit" means a visit which permits limited physical contact between the inmate and the visitor.
(4) "Contraband" means an item as defined under Correctional Services Article, §
										8-801, Annotated Code of Maryland.
(5) "Frisk search" means running the hands across clothing worn to detect any hidden objects.
(6) "Special visit" means a visit authorized as an exception to normal visiting procedures.
(7) "Visitor" means a person entering the institution who:
(a) Is on an inmate's visiting list; or
(b) Has obtained approval as a special visitor.
(8) "Warden" means warden or designee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.16 - Visits to Inmates › Section 12.02.16.02 - General Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall establish:
(1) The number of visits which an inmate may receive;
(2) The length of a visit; and
(3) The number of visitors authorized during one visit.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.16 - Visits to Inmates › Section 12.02.16.03 - Types of Visits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contact Visits. The Commissioner shall ensure that each warden allows a contact visit unless a contact visit is prohibited by Division regulations. The specific kind and amount of contact shall be based on the security level of the institution and the classification of an inmate.
B. Noncontact Visits. The Commissioner shall ensure that each warden designates a visiting area for a noncontact visit and establishes procedures for its use.
C. Religious Visits. The name of a certified religious visitor shall be recorded on the inmate visitor record, but not counted in the maximum 15 visitors. Religious visits shall be managed according to institutional procedure.
D. Legal Visits.
(1) The Commissioner shall ensure that each warden establishes procedures for an inmate visit with an attorney.
(2) An attorney need not be on the inmate visitor record, but shall have proper identification.
(3) A legal assistant who visits an inmate shall present a letter of introduction signed by an attorney on the firm's stationery.
(4) The Commissioner may not set a time limit for an attorney visit.
(5) An attorney shall visit during regular visiting hours unless a special arrangement is made with the warden.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.16 - Visits to Inmates › Section 12.02.16.04 - Records of Inmate Visits

Current through Register Vol. 51, No. 14, July 12, 2024
A. A warden of a receiving institution shall ensure that during the reception process, an inmate visitor record form is established for each inmate.
B. Each inmate may submit a list of up to 15 names, addresses, and relationships of intended visitors to be included on the list.
C. An inmate shall place the name of an intended visitor who is 18 years old or older on the inmate's visitor record.
D. An inmate is not required to list children under 18 years old on the visitor record.
E. Only those persons on the inmate visitor record will be approved to visit an inmate. However, the Commissioner shall establish procedures to provide for the following types of visits:
(1) Religious;
(2) Legal; and
(3) Special.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.16 - Visits to Inmates › Section 12.02.16.05 - Visitor Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A visitor shall present one of the following types of identification:
(1) Driver's license;
(2) Age of majority card;
(3) Birth certificate;
(4) Social security card; or
(5) Other State, federal, or private industry-issued photograph identification.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.16 - Visits to Inmates › Section 12.02.16.06 - Visitor Searches

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall require a visitor to pass through a metal detector or be searched by a scanning device upon entering all Division facilities, except prerelease units.
B. The Commissioner shall ensure that each warden establishes procedures to frisk search visitors randomly on a daily basis.
C. When a frisk search is conducted, the individual conducting a search shall be the same sex as the person being searched.
D. A visitor shall complete and sign a consent to search form.
E. The Commissioner shall ensure that a warden establish procedures to maintain a copy of the consent to search form in the base file of an inmate being visited. The Commissioner shall ensure that the original copy of this form is kept on file by the warden.
F. The Commissioner shall ensure that a visitor who refuses to submit to a search is denied visiting privileges for that day.
G. If a visitor possesses contraband in violation of the criminal statute, the contraband shall be confiscated and a law enforcement agency notified.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.16 - Visits to Inmates › Section 12.02.16.07 - Visitor Rules and Visit Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. During a visit, a visitor shall follow visiting room rules and shall maintain control of children who may be participants in the visit.
B. A visit may be disapproved by the institutional shift commander if the visitor:
(1) Is under the influence of a drug or alcohol;
(2) Refuses to submit to search procedure;
(3) Fails to provide sufficient identification;
(4) Provides falsified identification;
(5) Is younger than 18 years old and is not accompanied by an adult;
(6) Violates a facility visiting rule posted in the visiting room; or
(7) Possesses contraband.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.16 - Visits to Inmates › Section 12.02.16.08 - Suspension of a Visitor's Visiting Privilege

Current through Register Vol. 51, No. 14, July 12, 2024
A. A warden may suspend a person from visiting an inmate for a designated or indefinite period of time when there is clear and convincing evidence that a visit would jeopardize the safety or security of the institution.
B. The Commissioner shall ensure that each warden bases suspension of visiting privileges on:
(1) A review of the information provided in the supervisor's report of the incident; and
(2) Information provided by staff, the inmate, and the visitor.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.17 - Inmate Property and Clothing › Section 12.02.17.01 - 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) "Abandoned property" means personal belongings which:
(a) Are unclaimed after the required 30-day notice has elapsed;
(b) Have not been sent out of the institution within 30 days notice to the inmate;
(c) Remain in control of the institution and are unclaimed for a 30-day period subsequent to an inmate's release or escape; or
(d) An inmate chooses to donate to the institution for use by inmates.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.17 - Inmate Property and Clothing › Section 12.02.17.02 - Handling and Storage of Inmate Property

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inmate Property Rights. The Commissioner shall ensure that:
(1) A warden protects the property rights of an inmate when a Division rule or directive requires that an inmate release the inmate's personal property to Division custody for safekeeping;
(2) An employee exercises reasonable care of property which is removed from an inmate;
(3) A warden disciplines an employee when employee negligence causes loss or damage to inmate property.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.17 - Inmate Property and Clothing › Section 12.02.17.03 - Disposition of Inmate Personal Property

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall establish procedures to ensure that a warden:
(1) Returns personal property to an inmate upon release; and
(2) Obtains a receipt from an inmate for the return of property.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.18 - Inmate Transfers › Section 12.02.18.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Adjudicated Federal Detainer.
(a) "Adjudicated federal detainer" means a detainer based on an offense for which the defendant has been:
(i) Tried;
(ii) Convicted;
(iii) Sentenced; and
(iv) Committed to the custody of the U.S. Attorney General.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.18 - Inmate Transfers › Section 12.02.18.02 - Referrals for Evaluation at Patuxent Institution

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following persons may recommend to the Commissioner that an inmate who meets the criteria specified in COMAR 12.12.02.01B or .02 be referred to Patuxent Institution for evaluation as to whether the inmate is an eligible person:
(1) The sentencing judge;
(2) The State's attorney of the jurisdiction in which the inmate was last convicted;
(3) A member of the Commissioner's staff, including the chief psychologist or case management team of a Division institution; or
(4) An inmate, by self-referral.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.18 - Inmate Transfers › Section 12.02.18.03 - Interstate Corrections Compact Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an inmate desires to transfer to a signatory state under the Interstate Corrections Compact, the inmate shall complete an Application for Interstate Corrections Compact Transfer and submit the completed form to the inmate's case management specialist.
B. If the application is disapproved by the warden, the process shall terminate.
C. If the application is approved, the field compact administrator shall forward a referral packet to the headquarters compact administrator. The contents of the referral packet shall be determined by the Commissioner.
D. Review by Commissioner.
(1) The headquarters compact administrator shall review the referral packet and forward a written recommendation and rationale to the Commissioner for a final decision.
(2) If the Commissioner's decision is to disapprove the application, the process shall terminate. A disapproved application may be retained on file at the office of the headquarters compact administrator for future consideration.
(3) If the Commissioner's decision is to approve the application, the Application for Interstate Corrections Compact Transfer shall be returned to the headquarters compact administrator, and the Commissioner shall request a review and decision from the other state on the referral packet for the referenced inmate.
(4) The case management specialist shall inform the inmate of the Commissioner's decision and may explain the rationale for that decision.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.18 - Inmate Transfers › Section 12.02.18.04 - Parole to Adjudicated Federal Detainer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The commitment office supervisor shall:
(1) Identify and maintain a list of inmates with adjudicated federal detainers;
(2) Delete from the list the name of an inmate who may not be paroled by the Maryland Parole Commission;
(3) Delete from the list the name of an inmate who has either an adjudicated detainer from a state other than Maryland for a sentence imposed before the federal sentence was imposed, or a Maryland detainer, and reevaluate the inmate if the disqualifying detainer is lifted;
(4) Contact the U.S. Parole Commission office to establish whether a presumptive parole release date has been set for the inmate's federal sentence and, if so, note it;
(5) Delete from the list the name of an inmate whose unserved balance of the total Maryland sentence is greater than the unserved balance of the total federal sentence; and
(6) Ensure that an inmate whose name is deleted from the list is reevaluated so that the inmate is identified when the unserved balance of the total federal sentence becomes greater than the unserved balance of the total Maryland sentence.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.19 - Inmate Leave › Section 12.02.19.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish procedures through which an eligible inmate may be granted the privilege of leaving the confinement of a Division institution for a specified period of time.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.19 - Inmate Leave › Section 12.02.19.02 - 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) "Anticipated release date" means a mandatory supervision release date, a mutual agreement programming release date, release by expiration of sentence, or a scheduled parole release date.
(2) "Case management plan" means a written individualized program plan for an inmate that is developed in accordance with Division regulations. This plan is developed to address each inmate's risks and needs. The plan stipulates:
(a) Programming;
(b) Institutional transfer; and
(c) Changes in custody for the inmate.
(3) "Commissioner" means Commissioner of the Division of Correction or designee.
(4) "Division" means Division of Correction.
(5) Immediate Family. For the purpose of:
(a) Compassionate leave, "immediate family" means an inmate's spouse, natural grandparents, parents, siblings, children, grandchildren, and persons who have these relationships through adoption;
(b) Family leave, "immediate family" means an inmate's mother, father, legal guardian, sister, brother, wife, husband, and children who have attained majority.
(6) "Mutual agreement programming" means a process in which the division, the Maryland Parole Commission, and an inmate enter into a written program agreement. This agreement stipulates programming, institutional transfer, and a guaranteed parole release date if the inmate successfully completes all stipulations of the agreement.
(7) "Security level" means the level of supervision provided to an inmate in accordance with COMAR 12.12.08.