reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.25 - Adjustment History Sentencing Matrix - Revocation of Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Earned credits may only be revoked as a sanction imposed for an inmate rule violation of which the defendant was found guilty.
B. If sanctioning authorized under this regulation permits revoking diminution credits and the inmate rule violation occurred while the defendant was confined in a Department correctional facility in pre-sentence status, the hearing officer may:
(1) Revoke diminution credits awarded for good conduct during the month that the inmate rule violation occurred;
(2) Revoke diminution credits awarded for good conduct in addition to the credits awarded during the month that the inmate rule violation occurred, if the hearing officer determines that an aggravating factor warrants the revocation of additional credits; and
(3) Not revoke diminution credits earned for participation in special projects or work assignments.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.26 - Adjustment History Sentencing Matrices - Imposing Disciplinary Segregation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disciplinary Segregation Sanction.
(1) The hearing officer shall indicate the effective date for the disciplinary segregation sanction imposed.
(2) If the defendant is on administrative segregation pending the outcome of the defendant's disciplinary proceeding or was on administrative segregation pending investigation of the event that is the basis of the inmate rule violation charged for which the defendant was found guilty, the defendant shall be credited for the period served on administrative segregation from the date of placement only toward:
(a) Cell restriction; or
(b) Disciplinary segregation if imposed as a sanction.
(3) If the defendant was not on segregation prior to the defendant's disciplinary proceeding, the effective date for the disciplinary segregation sanction imposed shall be the same date of the defendant's disciplinary proceeding and begin immediately.
(4) Disciplinary segregation sanctions may not be imposed consecutively.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.27 - Adjustment History Sentencing Matrices

Current through Register Vol. 51, No. 14, July 12, 2024
Category of
Inmate Rule
Violation
Matrix for Imposition of Segregation Sentence
First Offense
Second Offense
Third Offense +
IA
0-60
0-90
0-180
IB
0-30
0-60
0-90
II
0
0
0
III
0-15
0-30
0-60
IV
0
0
0
V
0
0
0
Category of
Inmate Rule
Violation
Matrix for Imposition of Credit Revocation for Sentenced Inmates
First Offense
Second Offense
Third Offense +
IA
60-90
90-180
180-365
IB
30-60
60-90
90-180
II
All
All
All
III
0-15
15-30
30-60
IV
0-5
5-15
15-30
V
0
0
0
Category of
Inmate Rule
Violation
Matrix for Imposition of Segregation Sentence for Inmates Less Than 18 Years of Age
First Offense
Second Offense
Third Offense+
IA
0-20
0-30
0-40
IB
0-10
0-15
0-20
II
0
0
0
III
0-5
0-7
0-10
IV
0
0
0
V
0
0
0
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.28 - Alternative Disciplinary Sanctions and Informal Disposition Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Privilege Suspension.
(1) Suspension of a defendant's Department or facility inmate privileges may be imposed as a sanction for an inmate rule violation of which the defendant was found guilty or as part of an offer of informal disposition.
(2) Suspension of Department or facility inmate privileges is based on the judgment of the hearing officer or staff offering the informal disposition.
(3) The hearing officer or staff may suspend a defendant's Department or facility inmate privileges as a sanction for the period specified under this regulation.
(4) Staff may:
(a) Only impose a sanction as part of an informal disposition agreed to by the defendant; and
(b) Not impose a sanction while the defendant is pending a disciplinary proceeding.
(5) A defendant may be placed on administrative segregation pending a disciplinary proceeding for safety or security reasons.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.29 - Disciplinary Proceeding Procedures - Post Disciplinary Proceeding Phase - The Hearing Officer's Decision and Case Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearing Officer's Decision.
(1) The hearing officer, at the conclusion of a defendant's disciplinary proceeding shall prepare a written decision documenting the decision rendered.
(2) The hearing officer's written decision regarding the defendant's disciplinary proceeding shall include:
(a) Preliminary matters raised by hearing participants during the preliminary hearing;
(b) A summary of the evidence and testimony presented during the case presentation by the defendant, if applicable the defendant's representative, if applicable facility representative, or facility staff;
(c) A summary of the evidence found credible and reliable;
(d) The findings of fact made by the hearing officer;
(e) The disposition of each inmate rule violation charged;
(f) The sanction and period of the sanction imposed for each inmate rule violation resulting in a guilty finding; and
(g) If applicable, documentation for the informal resolution accepted by the defendant.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.30 - Disciplinary Proceeding Procedures - Post Disciplinary Proceeding Phase - Appeal of the Hearing Officer's Decision or Sanction

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeal by the Defendant.
(1) A defendant may only appeal the:
(a) Sufficiency of the evidence presented as part of the defendant's disciplinary proceeding;
(b) Interpretation of the law, rules, policy, procedures, or regulations applicable to the defendant's disciplinary proceeding; or
(c) Sanction imposed as a result of the defendant's disciplinary proceeding.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.31 - Disciplinary Proceeding Procedures - Post Disciplinary Proceedings Phase - Managing Official's Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review by the Managing Official.
(1) The managing official, or a designee, shall conduct a review of the defendant's disciplinary proceeding.
(2) The managing official may assign a designee to conduct the required review.
(3) The managing official, or designee, shall review a defendant's disciplinary proceeding before the hearing officer even if the ultimate disposition is an informal resolution.
(4) The informal resolution offered by staff and accepted by the defendant are not required to be reviewed.
(5) A managing official's, or a designee's, review is a review on the record and not a de novo or new hearing.
(6) The managing official may not:
(a) Reconsider the evidence in the record of the disciplinary proceeding;
(b) Substitute the managing official's, or a designee's, judgment for that of the hearing officer's or make de novo or new factfindings as to the inmate rule violation charged; and
(c) Render a de novo or new decision in lieu of the decision by the hearing officer.
(7) The managing official, or a designee, shall document the review in the written record of the disciplinary proceeding.
(8) The managing official, or a designee, shall complete the review of the hearing officer's decision and sanction, if imposed, regarding the inmate rule violation charged within 30 calendar days of the date the defendant received the hearing officer's decision, but after the 15 calendar day time period for the filing of an appeal by the defendant has elapsed.
(9) The managing official, or a designee, may conduct an immediate review of the hearing officer's decision without waiting for the expiration of the defendant's appeal period:
(a) When the disposition of one or more of the inmate rule violations is:
(i) A dismissal;
(ii) A Not Guilty finding;
(iii) A finding that the defendant is or was Not Competent; or
(iv) An informal resolution accepted by the defendant; or
(b) The managing official, or a designee, reduces a sanction imposed by the hearing officer.
(10) The managing official, or a designee, may remand the hearing officer's decision to the hearing officer for written clarification by the hearing officer of the decision or sanction regarding the:
(a) Disciplinary proceeding procedures;
(b) Evidence weighed and considered;
(c) Findings of fact;
(d) Decision as to the inmate rule violation charged; and
(e) Sanction, if imposed.
(11) The time and procedure requirements for the managing official's review:
(a) Shall be suspended pending the managing official's, or a designee's, remand; and
(b) May not resume until the managing official, or a designee, receives the hearing officer's written response.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.32 - Disciplinary Proceeding Procedures - Post Disciplinary Proceedings Phase - Remanding the Inmate Rule Violation Charged

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only the Secretary, or a designee, or a court of proper jurisdiction may disturb the decision concerning an inmate rule violation charged and:
(1) Reverse the decision of the hearing officer regarding the inmate rule violation charged: and
(2) Remand the case for a de novo or a new disciplinary proceeding under this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.33 - Disciplinary Proceeding Procedures - Post Disciplinary Proceedings Phase - Review by the Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary, or a designee, has the:
(1) Authority and discretion to modify, suspend, or terminate the inmate disciplinary process consistent with due process; and
(2) Final authority to interpret the time and procedure requirements of the inmate disciplinary process.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.01 - Inmate Disciplinary Process › Section 12.03.01.34 - Video Conferencing

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may, for the purposes of the inmate disciplinary process, use video conferencing or other electronic media or technology.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.01 - 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) "Business day" means a day other than a Saturday, Sunday, State Holiday, or day on which State administrative offices are closed.
(2) "Ceremonial meal" means a religious meal associated with the commemorating of a formal religious or sacred observance.
(3) "Commissary manager" means the individual responsible for a facility commissary or the Department of Public Safety and Correctional Services (Department) contract monitor for a commissary vendor.
(4) "Enhanced meal" means a dinner meal with additional portions of food provided in addition to the regular meal to meet the minimum daily nutritional needs during a religious observance of fasting.
(5) "Halal diet" means food that is certified by a recognized Muslim Certification Agency.
(6) "High religious observance " means the:
(a) Jewish high holy days of Rosh Hashanah, Yom Kippur, and Passover; and
(b) Islamic high holy month of Ramadan.
(7) Inmate.
(a) "Inmate " means an individual committed to the custody of the Department.
(b) "Inmate" does not include an individual detained without having been committed to the Department.
(8) "Kosher diet" means food that is certified by a recognized Orthodox Jewish Certification Agency.
(9) "Passover" means a holiday that celebrates the deliverance of the ancient Hebrews from slavery.
(10) "Registered religious preference" is the faith group with which the inmate is affiliated within the Department's Religious Services Program.
(11) "Religious diet" means a dietary option that:
(a) Meets or exceeds established nutritional standards based on the Dietary Reference Intake (DRI), Food and Nutrition Board, Institute of Medicine, Nutritional Academies, for ages 19-50 years old and above, with the exception of iron for pregnant females;
(b) Conforms to dietary restrictions of the inmate's designated faith group; and
(c) Cannot be met by the Department's standard menu.
(12) "Seasonal observance" means a worship or celebration recognized annually at a specific time of year, which, unlike a routine observance, has specific value to a particular religious group.
(13) Seder Plate.
(a) "Seder Plate " means a ceremonial plate for the Seder service that is separate from the special Passover meal and is provided during Passover Seder service.
(b) "Seder Plate" for the Jewish, Messianic House of Yahweh, Assemblies of Yahweh, and Hebrew Israelites faith groups consists of:
(i) Matzo (unleavened bread);
(ii) Roasted lamb bone;
(iii) Bitter herb horseradish and romaine lettuce;
(iv) Parsley and celery or boiled potato;
(v) Chopped apples and nuts (mixed) with grape juice; and
(vi) A cup of salt water.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.02 - Chaplaincy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exercise of Religious Belief.
(1) Within security and program limitations, the Commissioner of Correction, Commissioner of Pretrial and Detention Services, and the Director of Patuxent Institution shall ensure that each inmate has reasonable opportunity to exercise personal religious beliefs.
(2) The Commissioner of Correction, Commissioner of Pretrial and Detention Services, and the Director of Patuxent Institution shall ensure that each religion receives equal access to religious services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.03 - Religious Diet Program - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall make reasonable accommodations to provide inmates in each correctional facility under the Department's authority with dietary options that meet accepted religious dietary requirements.
B. The Department's Religious Diet Program (RDP) consists of the following two meal platforms:
(1) The Halal diet that shall be offered to an inmate who has designated the inmate's religious faith as one of the following Islamic faith groups:
(a) Shi 'ite;
(b) Sunni;
(c) Nation of Islam (all recognized groups);
(d) Moorish Science Temple (all recognized groups); or
(e) Other recognized religions that have the same basic tenets that require the Halal diet; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.04 - Requesting and Processing an Inmate's Request to Participate in the Religious Diet Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate seeking to participate in the RDP shall submit a completed Religious Diet Application Form to the facility chaplain, or a designee.
B. Upon receipt of a Religious Diet Application Form under §A of this regulation, the facility chaplain, or a designee, shall:
(1) Meet with the inmate to:
(a) Review with the inmate the requested RDP platform;
(b) Review with the inmate the Religious Diet Agreement, specifically the violation and sanction section;
(c) Inform the inmate that violation of RDP requirements may result in the inmate's involuntarily suspension from the RDP independent of the inmate disciplinary process;
(d) Inform the inmate that the inmate is required to reapply for participation in the RDP every 2 years;
(e) Obtain information from the inmate concerning the inmate's registered religious preference and the reasoning for the request to participate in the RDP; and
(f) Discuss other applicable information used in connection with the RDP request;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.05 - Voluntary Withdrawal from the RDP

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate may voluntarily withdraw from participation in the RDP.
B. An inmate voluntarily withdrawing from the RDP, as soon as possible after deciding not to participate, shall notify the facility chaplain, in writing on a form approved by the Chief of Religious Services:
(1) That the inmate is voluntarily withdrawing from the RDP; and
(2) The reason for withdrawing from the RDP.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.06 - Involuntary Suspension from the RDP

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate may be involuntarily removed from the RDP independent of the inmate disciplinary process for violating the agreed upon conditions of participation in the RDP.
B. An employee with knowledge that an inmate enrolled in the RDP has consumed or purchased from the commissary a food item that is not part of the inmate's approved RDP dietary platform shall report the allegation:
(1) In a manner or on a form approved by the Chief of Religious Services; and
(2) To the facility chaplain, or a designee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.07 - Appeal of Involuntary Suspension from the RDP

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate may appeal a facility chaplain 's, or a designee's, decision made in accordance with Regulation .06 of this chapter.
B. An inmate filing an appeal under §A of this regulation shall:
(1) File the appeal within 5 business days of the date of the adverse decision;
(2) Submit the appeal on a form or in a manner approved by the Chief of Religious Services to the facility chaplain, or a designee; and
(3) Remain in the RDP during the appeal process.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.08 - Re-admittance to the RDP Following Involuntary Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate who was previously involuntarily suspended from the RDP for 1 year may re-apply to participate in the RDP.
B. An inmate reapplying for the RDP following being involuntarily suspended from the RDP for 1 year shall be readmitted if the inmate:
(1) Has completed the period of suspension related to the involuntary suspension;
(2) Makes a request in accordance with provisions under Regulation .04 of this chapter; and
(3) Is approved for the RDP in accordance with provisions under Regulation .04 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.09 - RDP Commissary Products

Current through Register Vol. 51, No. 14, July 12, 2024
A. RDP-approved food products shall be available from the commissary.
B. The commissary manager shall ensure that food items approved for use with the RDP are:
(1) Certified by the appropriate recognized religious certification authority; and
(2) Appropriately marked on the commissary products list to identify the RDP diet platform to which the items apply.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.10 - Halal Diet Platform Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The RDP Halal Diet platform is a lacto-ovo vegetarian diet that is Halal Certified.
B. At a minimum, 30 days before the observance of Ramadan, the facility chaplain, or a designee, shall inform the facility's correctional dietary manager, or a designee, of the following to ensure that an inmate who will observe the ceremonial fasting (dawn to sunset) is provided with:
(1) If needed, an early breakfast served before dawn; and
(2) A late dinner served immediately after sunset that consists of an enhanced meal as prescribed by the Office of Food Services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.02 - Religious Services under a new subtitle, Subtitle 03 Operations › Section 12.03.02.11 - Kosher Diet Platform Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Food service employees and applicable food services contactor staff in a facility that provides the RDP Kosher platform diet shall be trained in the Kosher Diet procedures according to the following:
(1) On an annual basis, a mandatory RDP Kosher platform training shall be provided for all food service employees and contractors;
(2) RDP Kosher platform training shall be provided for newly hired food service employees and contractors within 60 days of hiring;
(3) Upon completing the Kosher Diet training, a food service employee shall sign and date the Food Service Staff Religious Diet Training Acknowledgement form; and
(4) Food service personnel shall prepare Kosher Diet food in the area specifically designated for that purpose.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.02 - General Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. An incarcerated individual is allowed to send or receive mail consistent with the United States Constitution, federal law and regulations, and Maryland law and regulations.
B. Mail may not be handled by any incarcerated individual other than the incarcerated individual to whom the mail is addressed.
C. The volume of mail an incarcerated individual sends or receives may not be limited unless there is justification in accordance with procedures established in Regulation .08 of this chapter.
D. A restriction may not be placed on an incarcerated individual's mail for disciplinary reasons unless an incarcerated individual specifically abuses this privilege.
E. A restriction may not be placed on an incarcerated individual's mail because of the incarcerated individual's use of an officially adopted religious or gender affirming name.
F. Mail Inspection and Delivery Time Requirements.
(1) Upon delivery to the mailroom, incoming mail shall be date stamped with the date it was received at the correctional facility.
(2) Legal mail may not be held for more than 48 hours, excluding weekends and holidays, except when it contains contraband.
(3) Legal mail shall be inspected and delivered as set forth in Regulation .08 of this chapter.
(4) Incoming general mail that is conducive to photocopying may not be held for more than 72 hours, excluding weekends and holidays, except when it contains contraband.
(5) To facilitate effective search procedures and to reduce the amount of controlled dangerous substances and other contraband containing injurious materials, general mail coming into a correctional facility that is not conducive to photocopying or scanning, such as a magazine or newspaper, may not be held for more than 80 hours, excluding weekends and holidays, except when it contains contraband.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.03 - Mailroom Pilot Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing incoming incarcerated individual mail, as follows:
(1) Mail to or from an Incarcerated Individual's Attorney. The Department may establish a pilot program to verify that mail marked by the sender as legal mail sent by, or on behalf of, an attorney to an incarcerated individual meets the definition of legal mail as stated in Regulation .01 of this chapter.
(2) General Mail.
(a) The Department may establish a pilot program for incoming general mail consistent with this chapter that centralizes the collection, photocopying or scanning, and electronic distribution of incoming general mail at a specified Division of Correction correctional facility.
(b) To reduce the amount of controlled dangerous substances and other contraband entering the correctional facility, the Division shall:
(i) Except for bound publications or other unsuitable items, photocopy or scan all incoming general mail; and
(ii) Provide an incarcerated individual with clear unobstructed photocopies or electronic copies of an incarcerated individual's incoming general mail, unless the mail is withheld in accordance with the procedures established in Regulation .10 of this chapter.
(c) The Department shall store, in accordance with §A(2)(d) of this regulation, the original incoming general mail for the later of:
(i) The time frame established for an incarcerated individual to file a complaint through the informal and formal Administrative Remedy Procedure (ARP) established in COMAR 12.02.28; or
(ii) Until a decision has been issued by the Commissioner in response to an incarcerated individual ARP complaint.
(d) The Department shall establish and maintain appropriate safeguards, such as access restrictions, records controls, and lockable cabinets and rooms to ensure the security of incoming general mail.
(e) Except under §A(2)(f) and (g) of this regulation, the Department shall securely dispose of the original general mail after the photocopied or scanned mail has been delivered and either the:
(i) Time frame for filing an ARP complaint has expired; or
(ii) Incarcerated individual's ARP complaint has been resolved.
(f) The Department may not as part of this subsection photocopy, scan, or dispose of legal mail.
(g) The Department may not destroy mail subject to a legal hold notice directing that an incarcerated individual's general mail be retained.
(h) A document destruction services contractor shall collect and destroy the stored original general mail at the expiration of the period specified in §A(2)(b) of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.04 - Indigent Incarcerated Individual's Mail

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the request of an indigent incarcerated individual, staff shall provide an incarcerated individual with pen, paper, envelopes, and first-class postage for seven letters per week.
B. If an incarcerated individual requires additional materials or postage for legal correspondence, an incarcerated individual may request these through the mailroom supervisor or designee.
C. The mailroom supervisor shall grant the request for additional materials or postage for legal correspondence, unless it is determined that the postage provision is being abused, in which case the mailroom supervisor shall refer the request and findings to the managing official, or designee, for disposition.
D. The mailroom supervisor shall encourage the indigent incarcerated individual to set mail priorities within the seven-letter allowance.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.05 - Outgoing General Mail

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official shall ensure that staff assigned to forward general mail to the United States Postal Service or other recognized courier date-stamp the outgoing general mail on the date it is received from the incarcerated individual.
B. Except as provided in §F of this regulation, outgoing general mail may not be held for more than 24 hours excluding weekends and holidays.
C. An incarcerated individual shall include an incarcerated individual's own name, identification number, and the return address of the correctional facility on outgoing mail.
D. If an incarcerated individual wants to mail money from the incarcerated individual's account with a letter, an incarcerated individual shall forward the letter and an unsealed envelope, together with the proper withdrawal voucher, to the person or unit designated by internal correctional facility directives.
E. The managing official or designee may not open outgoing general mail unless clear evidence exists to warrant inspection.
F. The managing official or designee who opens and inspects outgoing general mail shall:
(1) Ensure that the reasons for the inspection and results of the inspection are documented; and
(2) Withhold outgoing general mail only when it is:
(a) Found to contain contraband;
(b) Evidence for a rule violation under COMAR 12.03.01; or
(c) A basis for requesting an investigation by the Department's Intelligence and Investigative Division or other law enforcement agency.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.06 - Incoming General Mail

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person sending general mail to an incarcerated individual shall:
(1) Include an incarcerated individual's name and identification number on the outside of the envelope; and
(2) Ensure that the general mail envelope:
(a) Is not larger than 12 inches wide or 15 inches long;
(b) Does not exceed 3.5 ounces; and
(c) Does not contain more than 12 photographs.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.07 - Packages

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with COMAR 12.02.17, all packages received by mailroom staff, regardless of external packaging and point of origin, shall be inspected and delivered to a correctional facility's incarcerated individual property room to be inventoried and inspected to ensure that:
(1) The package does not contain contraband;
(2) Ownership of the purchased or received property, good, or retail item is properly established and documented; and
(3) The incoming property does not exceed the established limits of an incarcerated individual's personal property allowance.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.08 - Legal Mail

Current through Register Vol. 51, No. 14, July 12, 2024
A. Incoming or outgoing mail that is marked as, or purports to constitute, legal mail but does not meet the definition of legal mail shall be:
(1) Refused and returned to sender; or
(2) If reasonable cause exists to believe that the mail has been sent for a fraudulent or criminal purpose, forwarded to the Department's Intelligence and Investigative Division.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.09 - Limiting Mail Volume

Current through Register Vol. 51, No. 14, July 12, 2024
A. As stated in Regulation .02 of this chapter, the volume of general mail an incarcerated individual sends or receives may not be limited unless there is substantial justification.
B. The managing official, or designee, shall make the decision to limit the volume of an incarcerated individual's general mail on a case-by-case basis.
C. Just cause for limiting the volume of mail an incarcerated individual sends or receives includes:
(1) An increased and substantiated risk for the introduction of contraband to the correctional facility;
(2) Placement of an undue burden upon mailroom staff to inspect and process an incarcerated individual's mail within the allotted time frames; and
(3) If delivered, the volume of received mail would cause an incarcerated individual to exceed the limits of an incarcerated individual's personal property allowance.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.10 - Withholding Mail

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official, or designee, shall make the decision to withhold mail on an item-by-item basis, and an item excluded on one occasion may not be routinely excluded on another occasion.
B. The managing official, or designee, may not withhold an incarcerated individual's mail for religious, philosophical, political, social, or sexual content, unless it meets the definition of sexually explicit mail as set forth in Regulation .01 of this chapter, or because the content of the incarcerated individual's mail is unpopular or repugnant.
C. Incoming mail as set forth in Regulation .05 of this chapter may be withheld:
(1) As a whole if the mail in its entirety is subject to rejection; or
(2) In part if only a portion or a particular section or item within the mail is subject to rejection.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.11 - Undeliverable Mail

Current through Register Vol. 51, No. 14, July 12, 2024
A. If mail is received for an incarcerated individual for whom no forwarding address is available, or if an incarcerated individual has escaped or died, staff shall return the first-class and legal mail to the sender.
B. Unless the postal endorsement requires forwarding or return to sender, staff shall discard undeliverable second-class and third-class mail addressed to an incarcerated individual not assigned to the correctional facility.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 03 - OPERATIONS › Chapter 12.03.03 - Incarcerated Individual Mail › Section 12.03.03.12 - Additional Requirements of the Managing Official

Current through Register Vol. 51, No. 14, July 12, 2024
A. A managing official shall ensure that employees who handle incarcerated individual mail are familiar with the requirements of this chapter.
B. A managing official shall develop a correctional facility mail security plan that, at minimum, addresses:
(1) Risk assessment;
(2) A plan to protect staff and other individuals from hazards that may be delivered in the mail;
(3) Standard operating procedures;
(4) Security screening procedures;
(5) Training of mailroom staff;
(6) Testing and preparedness responses to emergency situations;
(7) Threat management; and
(8) Annual reviews of a correctional facility's mail security plan.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.02 - General Requirements and Processing and Recording Employment Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Completion of Application for Certification (AFC).
(1) An agency head shall complete an AFC for a police officer hired by a law enforcement agency in the State when applying for provisional certification or certification.
(2) An agency head is responsible for:
(a) Accurately completing the AFC; and
(b) Submitting the AFC to the Commission.
(3) An agency head shall:
(a) Sign the AFC, certifying that the Commission's selection standards have been met; and
(b) Include the:
(i) Date the applicant completed the certification requirements; and
(ii) Agency head's telephone number.
(4) False or misrepresented information on the AFC is a basis for rejection or revocation of certification by the Commission and may be the basis for separate administrative or legal action.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.03 - Provisional Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission may grant an applicant a provisional certification after the applicant meets applicable selection standards under Regulation .04 of this chapter.
B. An applicant for certification as a police officer may not:
(1) Exercise the authority of a police officer to enforce the criminal laws of Maryland unless the Commission has issued the individual a provisional certification or certification; and
(2) Carry or use a firearm unless the individual has successfully completed firearms training and qualification requirements under Regulation .09H of this chapter and COMAR 12.04.02.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.04 - Selection Standards for Provisional Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Age. An applicant for the position of police officer:
(1) Shall be 21 years old or older to be eligible for provisional certification; and
(2) May attend an academy while younger than 21 years old but may not perform law enforcement duties until the applicant is 21 years old and provisionally certified.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.05 - Background Investigation and Criminal History

Current through Register Vol. 51, No. 14, July 12, 2024
A. Background Investigation.
(1) An agency head or authorized agency under §A(7) of this regulation shall perform a comprehensive background investigation to determine if an applicant:
(a) Is of good moral character and reputation;
(b) Is emotionally stable; and
(c) Displays the behavior necessary to perform the duties of a police officer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.06 - Police Officer Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification Requirements.
(1) The Commission shall certify an individual as a police officer who:
(a) Meets all selection standards under Regulation .04 of this chapter;
(b) Completes the applicable training under Regulation .09 of this chapter; and
(c) Completes a field training program under Regulation .17 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.07 - Police Officer Recertification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission may recertify an applicant for recertification as a police officer if the applicant was previously certified as a police officer when:
(1) Hired by a second or successive law enforcement agency;
(2) The Commission receives a completed AFC; and
(3) The applicant meets applicable Commission-required:
(a) Selection standards under Regulation .08 of this chapter;
(b) Training standards under §B, C, D, or E of this regulation; and
(c) Field training standards under Regulation .17 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.08 - Selection Standards for Recertification as a Police Officer

Current through Register Vol. 51, No. 14, July 12, 2024
A. A police officer who has previously received a provisional certification or certification as a police officer may be recertified by the Commission after meeting applicable standards specified in this regulation.
B. Requirements for Recertification.
(1) Information to be Obtained for a Recertification Applicant. An agency head, or a designee, shall obtain information for an applicant for recertification by performing:
(a) A fingerprint check at the local level or a check of the NCIC files;
(b) State and national fingerprint checks;
(c) A drug screening under Regulation .15 of this chapter;
(d) A check of the applicant's driving record, including verification that the applicant possesses a valid driving license;
(e) A check with the applicant's previous law enforcement agency to:
(i) Determine the reason for separation;
(ii) Assess past work performance; and
(iii) Ensure that the applicant's separation was in good standing;
(f) The physical and mental health examinations required under Regulation .04 of this chapter; and
(g) An investigation:
(i) For prior use and other activities related to controlled dangerous substances, narcotic drugs, and marijuana by the applicant as specified under Regulation .19 of this chapter; and
(ii) To determine that an applicant is eligible under federal and Maryland law to possess and use a handgun under Regulation .04D of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.09 - Minimum Standards for Entrance-Level Training for Police Officers

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements.
(1) An applicant for certification as a police officer shall successfully complete an entrance-level training program approved by the Commission before the Commission may certify the applicant as a police officer.
(2) A Commission-approved entrance-level training program is a minimum of 850 hours.
(3) The Commission may permit hours used to meet entrance-level firearms training and qualification requirements under COMAR 12.04.02 to be used as part of the 850-hour minimum under §A(2) of this regulation, regardless of whether the activity is conducted contemporaneously with or separate from the entrance-level training program.
(4) The Commission may not permit field training requirements under Regulation .17 of this chapter to be used as part of the 850-hour minimum under §A(2) of this regulation, regardless of whether the activity is conducted contemporaneously with or separate from the entrance-level training program.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.10 - Commission Requirements for an Academy or School Providing Commission-Required Police Officer Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Training Environment.
(1) An academy offering police officer training required by the Commission for police officer certification shall be approved by the Commission before providing the training.
(2) In order for the Commission to approve an academy offering police officer training required by the Commission for police officer certification, the academy shall:
(a) Provide an atmosphere that supports learning;
(b) Have proper lighting, ventilation, and acoustics; and
(c) Meet applicable local, State, and federal health and safety requirements.
(3) If practical, the academy shall provide:
(a) At least 25 square feet of classroom space for each candidate;
(b) Locker space for each individual attending;
(c) Appropriate desk space, work tables, and seating to support classroom and other related learning activities;
(d) Storage for learning and training material; and
(e) Instructional and training equipment and material to support the training provided.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.11 - Voluntary Attendance at an Entrance-Level Training Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who is not employed as a police officer by a law enforcement agency may attend Commission-approved entrance-level training on a voluntary basis if the individual requesting to attend:
(1) Receives approval by the training director of the Commission-approved academy; and
(2) Meets the selection standards under §B of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.01 - General Regulations › Section 12.04.01.13 - Minimum Standards - Police Officer First-Line Supervisor and Administrator Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements.
(1) A police officer promoted to a first-line, or higher, supervisor position, shall successfully complete Commission-approved supervisor training within 1 year of the promotion, unless the police officer successfully completed Commission-approved supervisor training within the 2 years preceding the promotion.
(2) A police officer promoted to a first-line, or higher, administrator position is required to successfully complete Commission-approved administrator training within 1 year of the promotion, unless the police officer successfully completed Commission-approved administrator training within the 2 years preceding the promotion.
(3) Once a police officer successfully completes Commission-approved supervisor training, the Commission does not require the police officer to complete additional supervisor training for subsequent promotions to another supervisor position that does not include duties of an administrative position.
(4) A police officer promoted directly to a first-line administrator position from a rank below the first-line supervisor position shall complete both Commission-approved supervisor and administrator training within 1 year of the promotion, unless the police officer has successfully completed Commission-approved supervisor or administrator training, or both, within the 2 years preceding the promotion.