reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.19 - Inmate Leave › Section 12.02.19.03 - Family Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Policy.
(1) Merely meeting basic eligibility criteria does not guarantee or imply approval for family leave.
(2) To be eligible for family leave consideration, an inmate shall:
(a) Be classified to the prerelease security level;
(b) Be within 12 months of a parole rehearing or an anticipated release date; and
(c) Have completed:
(i) 30 consecutive calendar days of active work release employment,
(ii) 90 consecutive calendar days on an institutional assignment,
(iii) 90 consecutive calendar days in a combination of § A(2)(c)(i) and (ii), above, or
(iv) 90 consecutive days at the prerelease security level if medically unassigned.
(3) Family leave may not be granted for more than 48 hours. Travel time may be added to this period.
(4) The hours of the leave shall be governed by the specific circumstances at an inmate's maintaining institution.
(5) The classification team may establish special conditions for family leave.
(6) An inmate shall demonstrate that the inmate's family is capable of assuming necessary expenses during leave status.
(7) An inmate shall use private or public transportation to and from the institution to the leave address.
(8) A person providing transportation shall present adequate identification before departing with the inmate.
(9) Each warden and prerelease facility administrator shall ensure that spot check telephone verifications are conducted during the course of each family leave period.
(10) An inmate may not be approved for family leave outside the State.
(11) Notwithstanding the provisions of this regulation, the Commissioner and those individuals the Commissioner authorizes shall retain the absolute discretion to modify, suspend, or terminate this program in whole or in part for a reason or no reason. Similarly, the Commissioner or the Commissioner's representatives retain the discretion to terminate the participation of an inmate in this program at any time for a reason or no reason.
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 12.02.19.04 - Special Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate may be authorized a special leave under the conditions in this regulation.
B. Special Leave-----8 Hours Per Day.
(1) An inmate classified to minimum security may be authorized special leave for a period not to exceed 8 hours per day for any of the following purposes:
(a) To attend a Maryland trade licensing examination, or to take a civil service examination, provided that the inmate is within 1 year of a release date;
(b) To attend an employment interview in Maryland, provided that a prospective employer initiates a written request to the inmate's case management specialist and the inmate is within 3 months of a release date;
(c) To attend an educational or vocational training interview or registration within Maryland provided that the inmate is within 3 months of a release date;
(d) To attend a short-term educational or vocational program in Maryland;
(e) To participate as a volunteer for a government agency in Maryland in an activity serving the general public;
(f) To participate in a community athletic league sponsored competition in Maryland as a member of an institutional team;
(g) To participate in civic activities in Maryland beneficial to the inmate or the community, or both, including activities such as Jaycees and civic or community speaking engagements.
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 12.02.19.05 - Compassionate Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Policy. Notwithstanding a provision of this regulation, the Commissioner and those the Commissioner authorizes shall retain the absolute discretion to modify, suspend, or terminate this program in whole or in part for a reason or no reason. Similarly, the Commissioner or designees retain the discretion to terminate the participation of an inmate in this program at any time for a reason or no reason.
B. Procedure.
(1) Compassionate leave may be authorized for the purpose of allowing an inmate to visit a member of the inmate's immediate family who is seriously ill, or to attend the funeral of a member of the inmate's immediate family. An inmate:
(a) May visit a funeral home to view the bier;
(b) Classified to the prerelease security level may attend the funeral service.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes the policy for the Department of Public Safety and Correctional Services (Department) concerning inmate marriage.
B. This chapter establishes procedures for:
(1) Requesting to marry an inmate at a correctional facility;
(2) Processing and approving a request to marry an inmate at a correctional facility; and
(3) Arranging for and conducting the marriage ceremony.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.02 - 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) "Business day" means a day of the week other than Saturday or Sunday or any other day that State offices are closed.
(2) "Correctional facility" has the meaning stated in Correctional Services Article, §
										1-101, Annotated Code of Maryland.
(3) Employee.
(a) "Employee" means an individual assigned to or employed by the Department in a full-time, part-time, temporary, or contractual position regardless of job title or classification.
(b) "Employee " includes:
(i) An intern; and
(ii) A volunteer.
(4) Inmate.
(a) "Inmate" means an individual who is actively or constructively detained or confined in a Department correctional facility.
(b) "Inmate " includes an individual referred to as:
(i) A detainee;
(ii) An offender;
(iii) A prisoner; and
(iv) A resident.
(5) "Marry" means the legal union of two individuals in matrimony.
(6) "Officiant" means an individual authorized by State law to legally marry individuals.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate and the inmate's intended spouse shall comply with minimum requirements established by State and local statute and regulation concerning eligibility to marry.
B. An inmate may not marry:
(1) An employee; or
(2) Another inmate.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.04 - Inmate Records

Current through Register Vol. 51, No. 14, July 12, 2024
An individual planning to marry an inmate may request and be granted access to the inmate's correctional history according to procedures established elsewhere in COMAR for accessing inmate case records after the commitment to marry is agreed to by both the inmate and intended spouse.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.05 - Requesting to Marry an Inmate at a Correctional Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The inmate and the inmate's intended spouse are required to independently submit a written request to marry.
B. A written request to marry under §A of this regulation shall be submitted to the inmate's managing official:
(1) In a format established by the managing official that, at a minimum, provides the following information:
(a) From the inmate, the:
(i) Inmate's name;
(ii) Inmate's identification number;
(iii) Inmate's facility and housing assignment;
(iv) Intended spouse's full name;
(v) Intended spouse's date of birth;
(vi) The date requested for the ceremony; and
(vii) The type of ceremony, for example, civil or religious; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.06 - Processing a Request to Marry an Inmate at a Correctional Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 5 business days of receiving written requests to marry an inmate at a correctional facility from both the inmate and the intended spouse, the managing official shall designate a member of the facility's staff to process the request to marry an inmate at the facility according to this chapter.
B. The individual designated (designee) under §A of this regulation shall:
(1) Review the requests from the inmate and intended spouse; and
(2) At a minimum:
(a) Establish that the:
(i) Commitment to marry is agreed to by both the inmate and intended spouse;
(ii) Marriage does not constitute a threat to security or operation of the facility; and
(iii) Marriage complies with requirements established under this chapter; and
(b) Consider the following information:
(i) The inmate's criminal record to include information contained in related police reports and presentence investigations;
(ii) The inmate's correctional adjustment history;
(iii) Compliance with the inmate's case plan;
(iv) The existence of detainers and pending charges for the inmate and intended spouse;
(v) The inmate's physical and mental health;
(vi) If the inmate is a Patuxent inmate, a statement from the Patuxent inmate's treatment team as to the inmate's mental competency; and
(vii) Whether the intended spouse had any involvement in correctional or law enforcement related services (volunteer or employment) that may have placed the intended spouse in contact with the inmate.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.07 - Authorization - Request to Marry and Inmate at a Correctional Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The managing official's authorization to marry an inmate at the correctional facility is contingent upon receipt and approval of information required under this regulation.
B. A designee processing a request to marry an inmate that has met the conditions established under Regulation . 06 of this chapter shall:
(1) Within 5 business days of determining that the request meets conditions established under Regulation .06 of this chapter the designee shall:
(a) Provide the inmate with a copy of an Inmate Marriage Information sheet; and
(b) Instruct the inmate on completing the Inmate Marriage Information sheet advising that:
(i) The authorization of the request to marry an inmate at the correctional facility is predicated on receipt and approval of the information requested on the sheet;
(ii) The inmate shall complete or have the intended spouse complete the sheet and submit the completed sheet to the coordinator a minimum of 10 business days before the requested date of the ceremony;
(iii) The inmate and the intended spouse shall retain a copy of the completed sheet; and
(iv) The inmate or intended spouse shall provide the officiant named on the sheet a copy of the sheet; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.08 - Arrangements for Inmate Marriage Ceremony

Current through Register Vol. 51, No. 14, July 12, 2024
A. When notified under Regulation .07 of this chapter of the managing official's authorization of a request to marry an inmate at the correctional facility, the designee shall finalize arrangements for conducting the ceremony.
B. The designee shall:
(1) Notify the affected shift supervisor, or a designee, of the date and time of the ceremony;
(2) Arrange for entry to the facility of:
(a) The intended spouse;
(b) Approved guests; and
(c) Officiant, including approved ceremonial items;
(3) If appropriate, register the inmate's wedding ring with the facility property officer; and
(4) Arrange for approved post-ceremony visitation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.09 - Nondisciplinary Inmate Transfer - Subsequent to Approved Request to Marry an Inmate at the Correctional Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. If authorization to marry an inmate at a correctional facility has been granted and the involved inmate is transferred to a different Department correctional facility for nondisciplinary reasons, the inmate, if the inmate intends to continue with the plan to marry, is required to notify the managing official of the receiving correctional facility, as soon as possible after the transfer is completed, of the intent to marry.
B. A managing official notified under §A of this regulation shall:
(1) Obtain from the inmate's previous managing official documentation concerning the request and authorization to marry an inmate at the correctional facility; and
(2) Review the information obtained.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.10 - Disciplinary Inmate Transfer - Subsequent to Approved Request to Marry an Inmate at the Correctional Facility

Current through Register Vol. 51, No. 14, July 12, 2024
If an inmate who has been granted permission to marry at a correctional facility under this directive is transferred to a different Department correctional facility for disciplinary reasons, the inmate, if the inmate intends to continue with the plan to marry, is required to initiate a new request to marry at the correctional facility in accord with provisions of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.11 - Federal or Interstate Corrections Compact Transfer - Subsequent to Approved Request to Marry an Inmate at the Correctional Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an inmate who is housed in a Department correctional facility, but who is under federal or another state 's jurisdiction, requests to marry at the correctional facility, the inmate is required to:
(1) Comply with policy and procedure and statute and regulation concerning inmate marriage of the sending jurisdiction; and
(2) If the inmate is a federal detainee, obtain authorization from the United States Marshall and the prosecutor in the detainee's case.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.21 - Inmate Marriage › Section 12.02.21.12 - Housing a Married Inmate

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an individual, who is not in the custody of the Department and married to an inmate, is subsequently placed in the custody of the Department, the married couple may not be housed in the same dormitory or housing unit.
B. If a married couple, who at the time of the marriage is not in the custody of the Department, is subsequently placed in the custody of the Department, the married couple may not be housed in the same dormitory or housing unit.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.22 - Inmate Deaths › Section 12.02.22.01 - 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) "Division" means Division of Correction.
(3) "Family member" means a person who is immediately related to an inmate by blood or law including:
(a) Spouse;
(b) Child who is at least 18 years old;
(c) Parent;
(d) Sibling;
(e) Grandparent; and
(f) Grandchild who is at least 18 years old.
(4) "Indigent inmate" means an inmate who, at the time of death, is under control of the Division and who does not have:
(a) Sufficient funds to pay for funeral and burial expenses;
(b) A person legally responsible for the inmate's support who is able to pay funeral and burial expenses; or
(c) Resources available including family funds, death benefits, estate, or an inmate account, which may be used to pay funeral and burial expenses.
(5) "Police" means the Baltimore City Police Department for a Baltimore facility and a local State Police installation for another facility.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.22 - Inmate Deaths › Section 12.02.22.02 - Handling Death of Inmate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner shall ensure that each warden takes the following actions when an inmate death occurs within an institution:
(1) Notifications by shift commander or designee shall include the:
(a) Local police;
(b) Division Deputy Commissioner during normal business hours;
(c) Division duty officer during nonbusiness hours;
(d) Director of Health Services or designee at Division headquarters.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.22 - Inmate Deaths › Section 12.02.22.03 - Eligibility for Funeral and Burial Expenses of Indigent Inmates

Current through Register Vol. 51, No. 14, July 12, 2024
A. The warden or designee shall refer a family member of the deceased indigent inmate to the Maryland Department of Human Resources for the determination of the indigent inmate's eligibility for funeral and burial funds.
B. The Commissioner shall ensure that a family member who assumes responsibility for burial is known to the Maryland Department of Human Resources by current eligibility for one of the following:
(1) Cash benefit support;
(2) Food stamps; or
(3) Medical assistance.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.23 - Serious Illness or Injury of Inmate › Section 12.02.23.01 - Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The institution shift commander or designee shall immediately notify the following officials when an inmate is seriously ill or injured:
(1) Commissioner or duty officer, as appropriate;
(2) Warden; and
(3) Assistant warden.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.01 - 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) "Case management" means the process employed to identify and address inmate needs.
(2) "Case manager" means the case management specialist assigned to each inmate in the case management process.
(3) "Commission" means the Maryland Parole Commission.
(4) "Discipline" means any of the following fields of correctional service:
(a) Substance abuse treatment;
(b) Classification;
(c) Custody;
(d) Education;
(e) Medical;
(f) Psychology; or
(g) Social work.
(5) "Division" means Division of Correction.
(6) Escape.
(a) "Escape" means a documented incident of an inmate's unauthorized absence from custody.
(b) "Escape" does not include an inmate on work release or assigned to the central home detention unit, who is convicted solely of unauthorized absence or being out of bounds.
(7) "Incarceration" has the meaning stated in COMAR 12.12.06.01B.
(8) "Inmate case record" means documentation assembled, maintained, and used under Correctional Services Article, §
										3-601, Annotated Code of Maryland.
(9) "Inmate programming" means the process of placing an inmate in programs that address the inmate's risks and needs.
(10) "Mutual agreement programming (MAP)" means a process of negotiating agreements between an inmate, the Maryland Parole Commission, and the Division that provides the inmate with a guaranteed parole release date.
(11) "Special housing identifier" means a case management assignment that requires single-celling.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.02 - Case Management

Current through Register Vol. 51, No. 14, July 12, 2024
A. With the approval of the Commissioner, case management shall be used to:
(1) Classify the inmate to a security level;
(2) Change the inmate's security level;
(3) Assign the inmate to housing;
(4) Prepare recommendations for parole of an inmate;
(5) Determine an inmate's eligibility for leave;
(6) Determine the propriety for transfer between facilities;
(7) Facilitate Interstate Corrections Compact transfer;
(8) Determine the inmate's eligibility for participation in MAP;
(9) Determine the propriety of an early parole hearing;
(10) Determine the inmate's eligibility for programming assignment; and
(11) Assign the inmate to programs involving:
(a) Treatment;
(b) Training; or
(c) Employment.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.03 - Case Management Review Team

Current through Register Vol. 51, No. 14, July 12, 2024
A. At a minimum, a case management review team shall consist of:
(1) A chairman that may be a:
(a) Case management manager;
(b) Case management specialist II; or
(c) Facility administrator or a correctional officer holding the rank of captain or lieutenant;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.04 - Case Management Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. An assessment of the inmate shall be completed before developing a case management plan. The assessment, at a minimum, shall address the following areas concerning the inmate:
(1) Security risk of the inmate;
(2) Criminal history;
(3) Nature and circumstances of the inmate's current offense;
(4) Substance abuse assessment;
(5) Medical evaluation;
(6) Work and skill training history;
(7) Educational data; and
(8) Other information such as psychological assessments or evaluations.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.05 - Inmate Programming

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inmate programming shall ensure that inmates:
(1) Are assessed to determine risks and needs;
(2) Have, if appropriate, an individualized written program plan that addresses identified risks and needs; and
(3) Are monitored for implementation of the program plan.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.06 - Case Management Parole Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pre-Parole Hearing Procedure.
(1) The Commission shall provide each institution with:
(a) A master list of inmates scheduled for parole hearings, 60 days before the date of the earliest hearing on the list; or
(b) A qualified list of inmates scheduled for parole hearings that reflects additions and deletions, 30 days before the date of the first hearing on the list.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.07 - Inmate Case Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inmate Case Record.
(1) The Division shall maintain a record and history for each inmate that includes:
(a) A complete physical description;
(b) A current photograph;
(c) Information concerning the current crime or crimes of which the inmate was convicted;
(d) The sentence or sentences imposed for the conviction or convictions;
(e) The inmate's prior criminal and juvenile history;
(f) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate;
(g) School records; and
(h) Other information, records, and reports concerning the inmate.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.08 - Request for Inmate Case Records Maintained at the State Records Center

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a request to review inmate case records is approved under the provisions of this chapter and the records to be reviewed are maintained at the State Records Center, before the scheduled date for the review a case management manager, supervisor, or designee shall:
(1) Complete a reference request form;
(2) Follow established procedures to contact and request retrieval of the records; and
(3) Retrieve the records at the designated State Records Center.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.24 - Case Management › Section 12.02.24.09 - Waiver of Extradition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner of the Division of Correction shall ensure that a waiver of extradition form is completed by an inmate before authorizing leave, work release, or home detention for an inmate.
B. A case management supervisor shall ensure that the waiver of extradition form is filed in the inmate case record.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.25 - Mutual Agreement Programming › Section 12.02.25.01 - 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) "Case management unit" means a unit assigned to Division headquarters which is responsible for oversight and coordination of the MAP process.
(2) "Case management specialist" means the assigned employee who is responsible for each eligible inmate in the case management process.
(3) "Commissioner" means the Commissioner of the Division of Correction or designee.
(4) "Correctional options program" means a graduated series of sanctions, treatment, and other program assistance focusing on nonviolent offenders.
(5) "Division" means Division of Correction.
(6) "MAP" means mutual agreement programming which is a process of negotiating an agreement between an inmate, the Parole Commission, and the Division.
(7) "MAP agreement" means an agreement between an inmate, the Division, and the Maryland Parole Commission. This agreement stipulates programming in which an inmate shall participate and includes a guaranteed parole release date that is contingent upon satisfactory completion of all programming requirements in the agreement.
(8) "MAP proposal" means a suggested program plan and suggested parole release that is considered at a MAP negotiation for inclusion in a MAP agreement.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.25 - Mutual Agreement Programming › Section 12.02.25.02 - Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility criteria for MAP shall be prepared mutually by staff members of the Division and the Parole Commission. The criteria, as established, and as revised from time to time, shall be in a written document which shall be on file in the principal offices of the Division and the Parole Commission and made available, upon request, to all interested parties.
B. An inmate may not participate in MAP when the inmate:
(1) Is serving a sentence over which the Maryland Parole Commission has no authority to parole;
(2) Has been refused parole, approved for parole, placed on hold, or administratively refused parole;
(3) Is within 6 months of a parole rehearing;
(4) Has been revoked from parole;
(5) Has had a previous MAP agreement cancelled during the inmate's current incarceration;
(6) Is serving a fourth or subsequent separate adult incarceration of 6 months or more unless approved to participate in the correctional options program;
(7) Has escaped, attempted to escape, conspired to escape within the last 5 years, escaped during the current incarceration, or has two or more escapes at any time;
(8) Has been convicted of a new criminal offense which occurred while under the jurisdiction of the Division during the present incarceration;
(9) Has been convicted of:
(a) First or second degree murder,
(b) First or second degree rape,
(c) First or second degree sex offense,
(d) Sodomy,
(e) Child abuse, or
(f) Assault with intent to commit, conspiracy to commit, attempt to commit, or solicitation to commit, an offense listed in this subsection;
(10) Is on administrative segregation;
(11) Is on disciplinary segregation or has not been released from disciplinary segregation for at least 180 days;
(12) Is on housing restriction or probation, or has not been released from housing restriction or probation for 90 days;
(13) Has been reclassified to greater security within the past 6 months; or
(14) Is classified to maximum or super maximum security.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.25 - Mutual Agreement Programming › Section 12.02.25.03 - Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the development of a MAP proposal:
(1) Division staff shall explain the requirements and procedures of MAP to the inmate;
(2) An assessment shall be completed for each eligible inmate which, at a minimum, shall address the following areas:
(a) Security and custody risks of the inmate;
(b) Inmate's criminal history;
(c) Nature and circumstances of the inmate's current offense;
(d) Addictions assessment;
(e) Medical evaluation;
(f) Work and skill training history;
(g) Educational data; and
(h) Other data pertinent to the case such as psychosocial assessments or psychological evaluations;
(3) Division staff shall establish MAP negotiating parameters which shall:
(a) Establish the terms that the Division negotiator may approve at MAP negotiation;
(b) Address at least the following areas of a MAP agreement and which shall be approved by the Commissioner:
(i) Academic programming,
(ii) Vocational programming,
(iii) Treatment programming,
(iv) Behavioral requirements,
(v) Work release assignments,
(vi) Institutional transfers,
(vii) Changes in security, and
(viii) Parole release.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall establish a home detention program for an eligible inmate, who, by background and institutional adjustment, is judged able to serve a sentence in the community with minimum risk to public safety.
B. A participating inmate shall reside in a preapproved residence and shall:
(1) When employed, work in a closely monitored employment situation to stabilize a regime before full release into the community;
(2) Receive appropriate educational, substance abuse, and other counseling or habilitative services as may be available through both Division and community resources that will complement and reinforce services received in the institutional setting;
(3) Meet financial obligations as established by the Commissioner.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.02 - 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) "Administrator" means the prerelease facility administrator of the Division of Correction home detention unit.
(2) "Assistant administrator" means the home detention unit assistant facility administrator who is a senior correctional officer, lieutenant or above, or the senior nonuniformed staff member assigned to the unit, as the administrator directs.
(3) "Assistant warden" means the assistant managing official of the Maryland Correctional Prerelease System.
(4) "Base file" means the documentation concerning an inmate's background, institutional placement, institutional adjustment, etc.
(5) "Commissioner" means the Commissioner of the Division of Correction or the Commissioner's designee of warden, assistant warden, facility administrator, or facility administrator's designee, unless otherwise specified in this chapter.
(6) "Division" means the Division of Correction.
(7) "Electronic supervision" means monitoring of an inmate's location or whereabouts through the use of devices that combine telephone contact and the reception of a signal from a monitoring device worn by the inmate.
(8) "Program staff" means an employee designated by the Commissioner to work in the home detention unit.
(9) "Release date" means any of the following:
(a) Mandatory release date;
(b) Mutual agreement programming release date; and
(c) Parole release date or delayed parole release date.
(10) "Unit" means a home detention unit.
(11) "Warden" means the chief managing official of the Maryland Correctional Prerelease System.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.03 - Organization and Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. To comply with Correctional Services Article, Title 3, Subtitle 4, Annotated Code of Maryland, the Commissioner shall organize and operate a home detention unit as a component of the Division.
B. Staffing of the home detention unit shall consist of classifications to be determined by the Commissioner.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.04 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Correctional Services Article, §
									3-412, Annotated Code of Maryland, the Commissioner shall designate individuals in the following classifications with arrest powers over an inmate placed into the home detention unit:
(1) Administrator;
(2) Correctional staff assigned to the home detention unit; and
(3) Select correctional officers assigned to the Division's investigation unit.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.05 - Inmate Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner may specify treatment and educational programs an inmate is required to complete before becoming eligible for home detention placement.
B. An inmate may be required to participate in a program in the following areas:
(1) Substance abuse treatment;
(2) Employment readiness training; and
(3) A program as directed by the Commissioner.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.06 - Approving an Inmate for Home Detention Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. On determination of an inmate's interest in and eligibility for home detention placement, staff of the Division and Baltimore City Detention Center shall conduct screening, assessment, verification, review, and classification of an inmate for approval or disapproval based on exclusionary criteria in Regulation .05 of this chapter. The Division may establish written procedures establishing criteria for a psychological evaluation of an inmate before home detention placement.
B. On approval by staff of the Division or Baltimore City Detention Center, an inmate shall receive further screening from program staff for approval or disapproval based on established procedures.
C. On review and approval of the administrator, an inmate's base file and other screening documentation shall be forwarded to the Commissioner for final review and approval.
D. On the Commissioner's approval, an inmate shall be scheduled for home detention placement.
E. At each step of the screening process, if an inmate is disapproved for program participation, the rationale for the disapproval shall be noted, and the inmate shall be advised of the disapproval and rationale.
F. If a previously registered victim notification requirement exists for an inmate being considered for home detention placement, commitment office staff shall send a certified letter to advise the victim and request that the victim respond to the warden of the facility in which the inmate is currently housed, by telephone or in writing within 7 days. The response shall be available to the classification team for evaluation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.07 - Placement of an Inmate Into Home Detention

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate shall receive a complete orientation to the home detention program to include:
(1) Signing forms;
(2) Familiarization with the operation of electronic supervision equipment; and
(3) Familiarization with home detention requirements.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.08 - Program Rules for an Inmate Assigned to Home Detention

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate shall comply with a lawful order received from program staff and program rules established to effect the efficient operation of the program.
B. Failure to comply with a lawful order or program requirements may result, at the discretion of the administrator, in an inmate's removal from home detention placement and return to institutional custody.
C. An inmate shall agree to the following:
(1) An inmate shall remain at the inmate's approved residence except for:
(a) Work during preapproved hours;
(b) An approved visit to the unit offices;
(c) A prearranged and approved visit to a treatment site;
(d) An emergency which is life-threatening to the inmate or another member of the household; and
(e) As directed by the administrator.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.09 - Supervision of a Home Detention Inmate

Current through Register Vol. 51, No. 14, July 12, 2024
The Commissioner shall establish minimum standards of supervision as follows:
A. The inmate shall be required to submit to electronic supervision which includes telephone contact and reception of a signal from a monitoring device worn by the inmate;
B. The inmate shall admit program staff to the residence at any time;
C. The inmate shall be personally monitored by program staff as follows:
(1) At home,
(2) At work and through employment verification by contact with the employer and submission of a paycheck stub,
(3) At unit offices,
(4) Through random urinalysis, the frequency to be determined by the administrator.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.26 - Home Detention Program › Section 12.02.26.10 - Disposition of Funds Collected from a Home Detention Inmate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall determine the amount of, and collect from inmates in the program, a reasonable fee for the cost of electronic supervision.
B. Fees collected shall be processed in accordance with established fiscal procedures regarding the collection, disbursement, and accounting of funds.
C. The Commissioner or designee may authorize an inmate's payment on a sliding scale or waive or adjust these costs, on the written recommendation of the administrator or the administrator's designee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under the authority granted the Secretary of Public Safety and Correctional Services under Correctional Services Article, §
									2-103, Annotated Code of Maryland and concurrence of the Commissioner of Correction and Director of Patuxent Institution:
(1) These regulations apply to an inmate in the custody of the Division of Correction and the Patuxent Institution; and
(2) Responsibilities previously assigned under the Administrative Remedy Procedures to the Director of Patuxent Institution, such as reviewing, approving, and reporting are now the responsibility of the Commissioner of Correction.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.03 - Organization and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner, or a designee, is responsible for:
(1) Oversight of the ARP;
(2) Ensuring that a managing official properly applies ARP policy and procedures authorized under this chapter;
(3) Designating a Headquarters ARC;
(4) Designating Headquarters staff to investigate or delegate ARP investigative responsibilities authorized under this chapter;
(5) Responding to appeals with in the established time frame; and
(6) Reviewing ARP decisions on appeal from the correctional facility level.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.04 - Conditions of Confinement Subject to the ARP

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate may use the ARP to resolve a complaint related to:
(1) Correctional facility policy and procedures;
(2) Medical and mental health services;
(3) Access to a court;
(4) Religious liberties;
(5) Inmate property that is:
(a) Lost;
(b) Damaged;
(c) Stolen;
(d) Destroyed; or
(e) Confiscated;
(6) Complaints against staff;
(7) Use of force;
(8) Sentence computation and diminution of confinement;
(9) Correctional facility conditions affecting inmate:
(a) Health;
(b) Safety; or
(c) Welfare;
(10) Retaliation for seeking to resolve a complaint through the ARP;
(11) Management and application of the procedures under this chapter for resolving an inmate complaint;
(12) Commissary; and
(13) Inmate telephone system.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.05 - Inmate Complaint Resolution - Overview

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee who is assigned to investigate and respond to an inmate complaint under this chapter shall work with the inmate to attempt to resolve the inmate's complaint at the lowest level of inmate supervision.
B. The process for resolving an inmate complaint consists of two components:
(1) Informal resolution; and
(2) Formal resolution through the ARP.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.06 - Limiting Requests for Formal Resolution of Inmate Complaints under ARP

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner, based on a recommendation from a managing official, may limit the number of inmate complaints for which an inmate may request formal resolution under the ARP.
B. The Commissioner shall base a decision to limit an inmate 's requests for formal resolution under the ARP on the inmate's history of complaints under the ARP considering, at a minimum:
(1) The number of formal resolution requests filed by the inmate during the 6 months immediately preceding the date of the most recent request for formal resolution;
(2) Of the number of requests under §B(1) of this regulation, the number that were:
(a) Substantiated; and
(b) Procedurally dismissed on preliminary review based on a finding that the inmate's complaint was frivolous or malicious; and
(3) Information provided by the managing official supporting a recommendation to limit the inmate's requests for formal resolution under the ARP.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.07 - Withdrawing an ARP Request or ARP Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inmate filing an ARP request or appeal may withdraw the request or appeal at any time prior to the issuance of a decision on the request or appeal.
B. An inmate withdrawing a request or appeal shall submit the request to withdraw the request or appeal:
(1) In writing using an Administrative Remedy Procedure Withdrawal form (Withdrawal form); and
(2) To the facility ARC receiving the original ARP request or the Headquarters ARC receiving the appeal.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 02 - DIVISION OF CORRECTION › Chapter 12.02.28 - Administrative Remedy Procedures to Resolve Inmate Complaints › Section 12.02.28.08 - Informal Resolution of an Inmate Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. As soon as possible after the incident resulting in the complaint occurred or the date the inmate first had knowledge of the incident, an inmate seeking informal resolution of a complaint under this chapter shall:
(1) Document the request in writing on an Informal Inmate Complaint form; and
(2) Forward the completed form to the appropriate unit head or shift commander.