There is a Patuxent Institution in the Department.

The purpose of the Institution is to provide remediation programs and services to youthful offenders, other eligible persons, and mentally ill incarcerated individuals including a range of program alternatives indicated by the current state of knowledge to be appropriate and effective for the population being served. The Institution shall establish and maintain, as an integral part of the programs, an effective research, development, and training effort to evaluate and recommend improvements on an ongoing basis. 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 Director is the chief administrative officer of the Institution. 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. Subject to the authority of the Secretary, the Director shall manage and supervise the Institution and implement its programs and services. 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 Institution’s expenses, receipts, disbursements, condition, and progress; the number of incarcerated individuals and each incarcerated individual’s age, sex, race, place of birth, place of conviction, crime, and term of confinement; the number of incarcerated individuals who are admitted to each of the Patuxent programs; the number of Division of Correction incarcerated individuals receiving care during the year at Patuxent Institution for mental health conditions; the number of Patuxent program incarcerated individuals who are pardoned, or discharged; the number of incarcerated individuals evaluated at the Institution for each of the Patuxent programs; the decisions of the Board of Review to grant leave to Patuxent program incarcerated individuals; the number of rearrests, reconvictions, reincarcerations, and parole violations of individuals released from incarceration through a Patuxent program; the number of eligible persons who are removed from each Patuxent program and returned to the Division of Correction; a summary of the reasons underlying each individual’s transfer to the Division of Correction as described in item (ix) of this paragraph; information on educational programs and community reentry activities; and any remarks and suggestions the Director considers necessary to advance the interests of the Institution. 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.

The Institution shall have the following staff: 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. The staff members of the Institution are entitled to compensation as provided in the State budget. 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: each associate director; each social worker; each sociologist; each physician; and each psychologist. 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: correctional officers assigned to the Institution; and staff attached to the office of the warden.

There is a Board of Review for the Institution. The Board of Review consists of the following nine members: 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. The Governor shall designate the chair of the Board of Review. Seven members of the Board of Review, including at least three public members, constitute a quorum. Except as provided in subparagraph (ii) of this paragraph, each action of the Board of Review requires the approval of five members. A decision to grant parole, work release, or leave to an eligible person requires the approval of seven members of the Board of Review. 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. The term of a member of the Board of Review appointed from the public is 4 years. The Board of Review shall perform the duties set forth in this title.

A member of the Board of Review, the Director, or an employee of the Institution may not: 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. A member of the Board of Review, the Director, or an employee of the Institution shall report to the Director or the Secretary any violation of subsection (a) of this section that is within the individual’s knowledge. 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.

There is a Citizens Advisory Board. Based on recommendations of the Secretary, the Governor shall appoint the members of the Citizens Advisory Board. The Citizens Advisory Board shall advise the Director and the Secretary with respect to the operation and programs of the Institution.

The Secretary shall adopt regulations to carry out this title. Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations adopted under this section, other than regulations pertaining only to routine internal management of the Institution, shall comply with the Administrative Procedure Act, including regulations that: 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.

The Institution shall compile and maintain a complete record of each incarcerated individual transferred to it for evaluation or treatment. The record shall include the following materials to the extent that the materials are physically available and the inclusion is not prohibited by federal law: 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: shall cooperate with the Institution; and promptly, on request of the Institution, shall furnish or cause to be furnished to the Institution the information, records, and reports in their possession. The provisions of § 3–8A–27(b) of the Courts Article do not apply to a request made for juvenile records under this section. To the extent that any record, report, or information compiled under this section is legally confidential, it shall remain confidential and may not be disclosed to any person or unit except to: 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 United States; or a state, if that jurisdiction has made reciprocal provision by law to furnish similar records, reports, or information to comparable officials of this State; 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. Confidential records, reports, or information may be disclosed under subsection (e) of this section only if the Director reasonably believes that the record, report, or information: 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. Juvenile records obtained under subsection (d) of this section may be disclosed only: 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.

On the recommendation of a health care provider, the Director or Director’s designee may authorize medical treatment of a juvenile incarcerated individual when: 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. The Director or Director’s designee may not be held liable for authorizing in good faith medically necessary treatment under subsection (a) of this section.

The Director may determine whether, to what extent, and which incarcerated individuals of the Institution shall supply produce and other goods required to be purchased by contracting units or political subdivisions under Title 3, Subtitle 5 of this article.

Subject to any approval required by law, the Director may apply for and receive from any unit of government or private person a grant or loan of funds or goods to be used in the maintenance or programs of the Institution.

An incarcerated individual confined at the Institution shall be released under mandatory supervision, as defined in § 7–101 of this article, in the same manner and subject to the same conditions as if the incarcerated individual were being released from a correctional facility in the Division of Correction. The Director may establish special programs or projects for diminution credit award to the same extent that such credits may be awarded in the Division of Correction. The Director may restore to incarcerated individuals at Patuxent Institution any diminution credits rescinded upon adjudication of violation of institutional disciplinary rules to the same extent as such credits may be restored by the Commissioner of Correction to incarcerated individuals in the Division. The Director may impose special terms and conditions on any incarcerated individual released on mandatory supervision from the Institution. If the Secretary reassigns supervisory responsibility of a mandatory releasee from the Division of Parole and Probation to the Institution in accordance with § 2–117 of this article, the Secretary may also reassign the authority to revoke mandatory supervision release to the Board of Review.

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: admission to the facility; a routine basis; and request. 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 Commission shall establish standards regarding the proper disposal of menstrual hygiene products. The Institution shall maintain records on the provisions and availability of menstrual hygiene products to incarcerated individuals. The Commission shall review the Institution’s policy and records relating to menstrual hygiene products during regular inspections.