Correctional Services (GCS) — Title 4. Patuxent Institution

“Eligible person” means an individual who:

“Eligible person” does not include an individual who:

an individual who suffers personal physical injury or death as a direct result of a crime; or

if the victim is deceased, a designated family member of the victim.

No more than 350 eligible persons may be enrolled in the eligible person remediation program.

The Institution may provide other remediation programs that the Secretary designates.

The Secretary shall appoint the Director.

The Director shall be a trained and competent administrator.

The Director serves at the pleasure of the Secretary.

The Director is entitled to the compensation provided in the State budget.

On or before October 31 of each year, the Director shall submit an annual report to the Secretary and the Governor.

The annual report shall state:

The Director shall verify the report required by this subsection.

Subject to § 2–1257 of the State Government Article, the Governor shall submit to the General Assembly the report required under this subsection and any recommendation that the Governor considers expedient.

The Secretary shall adopt regulations regarding the annual report required under this subsection.

two associate directors, one of whom is a competent psychiatrist with at least 3 years of experience in the practice or teaching of psychiatry and one of whom is a competent behavioral scientist with at least 3 years of experience in the practice or teaching of the individual’s specialty in behavioral science;

a warden;

at least three additional psychiatrists or clinical psychologists;

at least four State licensed certified social workers–clinical; and

other professional and nonprofessional staff, as provided in the State budget.

The associate directors shall assist primarily in discharging the diagnostic and remediation functions of the Institution.

The warden shall assist primarily in discharging the custodial function of the Institution.

Except as provided in paragraph (3) of this subsection or any other law, the staff members of the Institution are in the skilled service or professional service in the State Personnel Management System.

With the approval of the Secretary, the Director shall appoint an individual to any position that the Secretary determines to be professional, including:

The Director and each individual appointed under paragraph (2)(i) of this subsection are in the executive service, in the management service, or a special appointment in the State Personnel Management System.

The warden is the appointing authority for:

the Director;

the two associate directors;

the warden; and

five members of the public, one of whom is a member of a victim’s rights organization, appointed by the Governor with the advice and consent of the Senate.

Seven members of the Board of Review, including at least three public members, constitute a quorum.

Employees of the Institution who are members of the Board of Review or who attend meetings of or work as advisors to the Board of Review shall serve in that capacity as part of their regular duties without additional compensation.

The members of the Board of Review appointed from the public are entitled to compensation as provided in the State budget.

be interested, directly or indirectly, in any contract, purchase, or sale made by or for the Institution or an incarcerated individual of the Institution;

accept a reward or gift or a promise of a reward or gift from a person interested in a contract, purchase, or sale made by or for the Institution or an incarcerated individual of the Institution; or

accept a reward, gift, devise, or bequest or a promise of a reward, gift, devise, or bequest from an incarcerated individual of the Institution or from anyone on the incarcerated individual’s behalf.

A reward, gift, devise, bequest, or promise accepted in violation of this section is void.

A contract, purchase, or sale in which a person has an interest prohibited by subsection (a) of this section is voidable by the State whether or not the State is a party to it.

An individual who violates this section is guilty of misconduct in office.

A violation of this section is grounds for removal from office or employment.

govern criteria to determine eligibility for referral of an incarcerated individual to the Institution;

govern leave, work release, and parole from the Institution; and

establish with specificity what constitutes a major violation of the Institution’s disciplinary rules.

police reports and other relevant information concerning the crime of which the incarcerated individual was most recently convicted and the sentence imposed for that conviction;

the incarcerated individual’s criminal and juvenile history and all relevant records concerning this history;

presentence investigation, parole, probation, and other reports concerning the incarcerated individual;

school records;

information concerning the incarcerated individual’s medical and mental health history, including relevant medical and hospital records and reports; and

all other relevant information, records, and reports concerning the incarcerated individual’s social, physical, or mental condition and history.

The Institution shall record a full and accurate description, including photographs, of each incarcerated individual transferred to the Institution for treatment.

The Institution may adopt the Bertillon method or any other accurate method of description, measurement, and registration.

In order that the Institution may comply with this section, all State and local officials and units:

The provisions of § 3–8A–27(b) of the Courts Article do not apply to a request made for juvenile records under this section.

the Commissioner or the Commissioner’s authorized staff;

the Division of Parole and Probation;

the Maryland Parole Commission;

a State’s Attorney, when required in the prosecution or defense of a proceeding in court;

a federal, State, or local law enforcement officer on a written request signed by an authorized commanding officer of the law enforcement unit certifying that the record, report, or information is needed for a pending investigation;

an authorized correctional official or probation officer of:

the Attorney General;

the Inmate Grievance Office, to the extent relevant to a matter pending before it and with the written consent of the incarcerated individual to whom the record, report, or information pertains;

the Division of Rehabilitation Services of the Department of Education solely to determine if an incarcerated individual confined at the Institution qualifies for benefits provided by that Division;

providers of medical care to the extent necessary to ensure proper medical treatment;

a judge of a circuit court or the District Court when required in connection with a pretrial release, presentence, or postsentence investigation; and

State, local, and federal units and private agencies to the extent that the release of the record, report, or information will benefit an eligible person but only with the written consent of the incarcerated individual to whom the record, report, or information pertains.

will be used solely for the legitimate purposes of the person or unit receiving it; and

will not be further disseminated to any person or unit not authorized to receive it under subsection (e) of this section.

to a person or unit listed in subsection (e)(1), (2), and (3) of this section; and

in accordance with subsection (f) of this section.

in the judgment of the Director or designee, the treatment is necessary; and

a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization.

In this section the following words have the meanings indicated.

“Commission” means the Maryland Commission of Correctional Standards.

“Menstrual hygiene products” includes tampons and sanitary napkins for use in connection with the menstrual cycle.

The Institution shall have a written policy and procedure in place requiring menstrual hygiene products to be provided at no cost to a female incarcerated individual on:

The Director shall ensure that the Institution has a sufficient supply of menstrual hygiene products available to meet the needs of the incarcerated individual population at all times.

The Director may request that the Commissioner refer an incarcerated individual to the Institution for evaluation as to whether the incarcerated individual is an eligible person if the incarcerated individual:

The request that the Commissioner refer an incarcerated individual to the Institution shall be based:

The Commissioner shall promptly refer any incarcerated individual requested for evaluation by the Director unless the Commissioner determines that such a referral will constitute a security risk.

Within 6 months after an incarcerated individual is referred to the Institution, an evaluation team shall examine the incarcerated individual.

Before proceeding with the examination, the evaluation team shall assemble and review all available and relevant information about the incarcerated individual provided for in § 4–209 of this title.

Based on the information reviewed under subsection (b)(2) of this section and an examination of the incarcerated individual, the evaluation team shall determine whether, in the opinion of a majority of the team, the incarcerated individual is an eligible person.

The evaluation team shall submit to the Director a written report that states its findings.

The report shall state in detail the reasoning supporting the team’s conclusion with respect to each of the criteria for an eligible person set forth in § 4–101(e) of this title.

If the evaluation team determines under § 4–301(c) of this subtitle that an incarcerated individual is not an eligible person, the Director shall notify the Commissioner and send to the Commissioner a copy of the evaluation team’s report.

Within 30 days after the Director sends the notice, the incarcerated individual shall be delivered to the appropriate correctional facility that the Commissioner designates.

The evaluation team shall prepare, file with the Director, and implement an individualized written remediation plan for each eligible person.

The Director or an associate director for treatment shall review the remediation plan and the eligible person’s progress under it at appropriate intervals not exceeding every 6 months.

At least once a year, following a new evaluation by an evaluation team, the Board of Review shall review an incarcerated individual’s status as an eligible person and the incarcerated individual’s progress under the remediation plan.

After its review, the Board of Review shall make appropriate written recommendations for the future remediation and status of the eligible person.

The Institution shall maintain a copy of these recommendations as part of the incarcerated individual’s file.

Subject to § 4–305 of this subtitle, incarcerated individuals transferred to the Institution for treatment are eligible for the work release and leave of absence programs provided for in §§ 3–801 through 3–806 and 3–808 through 3–811 of this article.

The Board of Review shall perform the functions of the warden and the Commissioner under §§ 3–801 through 3–806 and 3–808 through 3–811 of this article with respect to incarcerated individuals confined in the Institution.

The Board of Review may not grant an eligible person work release or leave under this section until the Board of Review mails written notice to the victim that the Board of Review intends to decide whether to grant work release or leave to the eligible person.

Before the Board of Review decides whether to grant work release or leave to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment in writing on work release or leave or to present oral testimony in the manner that the Board of Review establishes by regulation.

The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding work release or leave.

The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim.

The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.

will not impose an unreasonable risk on society; and

will assist in the remediation of the eligible person.

Except as provided in paragraph (2) of this subsection:

An incarcerated individual sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.

The Board of Review may:

The Board of Review:

The Board of Review shall mail to the victim written notice of an eligible person’s parole hearing.

Before the Board of Review decides whether to grant parole to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment on the parole in writing or to present oral testimony in the manner that the Board of Review establishes by regulation.

The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding parole.

The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim.

The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.

If an individual has completed successfully 3 years on parole without violation and the Board of Review concludes that the individual is safe to be permanently released, the Board of Review, through the Director, may petition the court that last sentenced the individual to:

After a hearing, the court may either grant or deny the relief requested in the petition.

If an incarcerated individual submits a written request for a transfer to the Division of Correction, the Director shall notify the Commissioner and send the Commissioner a copy of any evaluation team’s report that has been completed.

If the Board of Review concludes that an incarcerated individual is no longer an eligible person but should remain confined in the Division of Correction subject to the authority of the Maryland Parole Commission until release on expiration of sentence or mandatory supervision, the Director shall notify the Commissioner and send the Commissioner a copy of the evaluation team’s report.

Within 90 days after notice is provided under paragraph (1) or (2) of this subsection, the incarcerated individual shall be delivered to the appropriate correctional facility that the Commissioner designates.

A transfer under this subsection does not affect any right to parole consideration that the incarcerated individual may have at the time of transfer.

In this subsection, “major violation” includes:

Except as provided in paragraph (3) of this subsection, if an incarcerated individual in the Eligible Person Program or the Patuxent Youth Program commits a major violation while on parole, work release, or leave, the Board of Review may impose appropriate sanctions consistent with the best interests of public safety.

If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing an eligible person from the Institution, the eligible person may be removed from the Institution and returned to the Division of Correction to serve the remainder of the eligible person’s original sentence.

If an eligible person commits a second major violation while on parole, work release, or leave, the eligible person shall be removed from the Institution and returned to the Division of Correction to serve the remainder of the eligible person’s original sentence.

review recommendations of a court for admission of an individual to the Youth Program; and

admit or deny admission of an individual based on the criteria for admission established under subsection (j) of this section.

the Director orders the individual transferred to the Division of Correction;

the Board of Review orders the individual transferred to the Division of Correction;

with the approval of the Secretary, the Board of Review orders the individual paroled; or

the individual completes the individual’s term of confinement as provided by law.

Regulations adopted by the Secretary under § 4–208 of this title shall include regulations governing the management and operation of the Youth Program, including criteria for admission to the Youth Program.

Regulations establishing criteria for admission to the Youth Program shall: