In this section, “risk and needs assessment” has the meaning stated in § 6–101 of this article.
Promptly after an incarcerated individual is sentenced to the jurisdiction of the Division, the Division shall assemble an adequate case record for the incarcerated individual that includes:
a description of the incarcerated individual;
a photograph of the incarcerated individual;
the family history of the incarcerated individual;
the educational, vocational, and job history of the incarcerated individual;
any previous record of the incarcerated individual;
a summary of the facts of each case for which the incarcerated individual is serving a sentence; and
as required under subsection (c) of this section, the results of:
a risk and needs assessment of the incarcerated individual;
the physical and mental examination of the incarcerated individual; and
the educational, vocational, and job history interview of the incarcerated individual.
The Division shall conduct, for each incarcerated individual, as soon as feasible after the individual is sentenced to the jurisdiction of the Division:
a risk and needs assessment;
a physical and mental examination; and
an educational, vocational, and job history interview.
Based on the information assembled under subsection (b) of this section, the Division shall classify an incarcerated individual and develop a case plan to guide an incarcerated individual’s rehabilitation while under the custody of the Division.
The case plan developed under this subsection shall include:
programming and treatment recommendations based on the results of the risk and needs assessment conducted under subsection (c) of this section;
required conduct in accordance with the rules and policies of the Division; and
a plan for the payment of restitution, not to supersede any payment plan established by the court, if restitution has been ordered.
In accordance with regulations adopted by the Division, the managing official of each correctional facility shall maintain, as a part of an incarcerated individual’s case record:
an adequate record of the conduct, effort, and progress of the incarcerated individual during confinement; and
a record of the character of any offense committed by the incarcerated individual and the nature and amount of punishment inflicted.
To identify an incarcerated individual, the Division may photograph and fingerprint the incarcerated individual and record a description of the incarcerated individual’s personal background data.
Except as otherwise provided in this subtitle, the contents of a case record maintained under § 3–601 of this subtitle may not be disclosed.
The contents of a case record may be disclosed:
if the record is necessary to ensure proper medical treatment, to a provider of medical services to the incarcerated individual;
to the incarcerated individual’s attorney;
to a person authorized by a court order;
to a person expressly authorized by law;
to a judge of a State court;
to a State’s Attorney;
to an employee of any State unit or a federal or local law enforcement unit, if disclosure is in furtherance of the employee’s lawful duties; and
on written request, to a person who has written authorization for the disclosure from the incarcerated individual.
Except for a disclosure under subsection (b)(5) or (6) of this section, an incarcerated individual’s case record may be disclosed only if the managing official of the correctional facility:
approves the disclosure; and
is satisfied that:
each applicable condition set forth in subsection (b) of this section has been met;
the record will be used solely for the legitimate purposes of the person or governmental unit that receives it and not for any improper or unauthorized purpose; and
the record will not be further disseminated to a person or governmental unit not authorized to receive it.
The Commissioner shall adopt regulations in accordance with this section to establish procedures that govern the disclosure of an incarcerated individual’s case record.
The managing official of a correctional facility shall present a copy of an incarcerated individual’s case record maintained under § 3–601 of this subtitle, or a summary of the record, to the Maryland Parole Commission:
by the time the incarcerated individual becomes eligible for parole; and
at other times on request.
If an incarcerated individual is granted a rehearing or new trial by a court asserting jurisdiction over an offense for which the incarcerated individual is confined and the case record maintained under § 3–601 of this subtitle must be provided to the court or a correctional facility to which the incarcerated individual is transferred, the State shall reimburse the correctional facility or political subdivision for the cost of providing the record.
The State shall make the payment described under subsection (a) of this section:
through the Administrative Office of the Courts;
after proper certification; and
on a monthly basis.
If, in the trial of a criminal case, the fact that an individual was previously convicted of a crime is admissible in evidence, the case record maintained under § 3-601 of this subtitle is admissible in evidence to prove the fact of the conviction and of the crime for which the individual was convicted.
On request, the Division shall provide a copy of a case record maintained under § 3-601 of this subtitle to a managing official of:
a correctional facility in another state if that state has made reciprocal provisions by law for providing records of its convicted criminals to the authorities of other states;
a federal correctional facility; and
a local correctional facility.
The Division shall provide a copy of a case record maintained under § 3–601 of this subtitle to a police officer who presents an order for a copy of the record signed by the superintendent or other officer in charge of police in a municipal corporation or county.
On or before the 28th day of each month, the Division shall provide to the superintendent or other officer in charge of police in the municipal corporation or county from which the incarcerated individual was committed the following information about each incarcerated individual whose sentence expires the following month:
the incarcerated individual’s name;
the date when the incarcerated individual’s sentence commenced;
the county from which the incarcerated individual was committed;
the crime for which the incarcerated individual was committed; and
the exact date when the incarcerated individual will be discharged.
To increase efficiency in the treatment, management, and rehabilitation of incarcerated individuals confined in correctional facilities in the Division, the Division and the Division of Parole and Probation shall exchange records and any other pertinent information that relates to an incarcerated individual.
The Division and the Division of Parole and Probation shall establish the procedures and methods for the exchange of records and other information described in subsection (a) of this section.
A correctional facility in the Division shall maintain a reserve financial account and a spending financial account for each incarcerated individual in the correctional facility.
The accounts of an incarcerated individual may be charged for:
the reasonable value of any State property that the incarcerated individual:
willfully or maliciously destroys; or
destroys as the result of gross negligence; or
any fees assessed under § 2–118 of this article.
The Commissioner shall adopt regulations that:
set forth those items that may be credited to or disbursed from an account under this section; and
set forth procedures for carrying out this section, including procedures that provide due process of law to each incarcerated individual before the incarcerated individual’s accounts may be charged with a disbursement under subsection (b) of this section.
The Commissioner shall adopt regulations to implement the Inmate Training and Job Pilot Program established under Title 24, Subtitle 13 of the Education Article.
The regulations adopted under this section shall include terms of deduction for Pilot Program participation and, if appropriate, provisions governing the work release of Pilot Program participants.