# COMAR Title 12 — Department of Public Safety and Correctional Services ## Subtitle 02 — Division of Correction ### Chapter 01 — General **Authority:** Correctional Services Article, §3-205, Annotated Code of Maryland **Administrative History:** Effective date: July 21, 1972 **Administrative History:** Regulation adopted effective July 28, 1978 (5:15 Md. R. 1190) **Administrative History:** Chapter, Minimum Jail Standards, repealed effective April 26, 1982 **Administrative History:** (9:8 Md. R. 822) **Administrative History:** Regulations .01 and .02 under new chapter, General, adopted effective **Administrative History:** April 12, 1993 (20:7 Md. R. 642) #### Regulation .01 Overview. *COMAR 12.02.01.01* A. As it presently exists, the Maryland Division of Correction was established effective July 1, 1970. By Chapter 401, Acts of 1970, all State adult correctional facilities and related responsibilities were assigned to the Department of Public Safety and Correctional Services. The Department of Correctional Services was retitled the Division of Correction and reestablished as an agency under the Department of Public Safety and Correctional Services. B. As an agency of the Department, the Division of Correction has central administrative control over the adult correctional facilities of the State. C. The Commissioner of Correction is appointed by the Secretary of Public Safety and Correctional Services with the approval of the Governor, by and with the consent and advice of the Senate, in accordance with Correctional Services Article, §3-202, Annotated Code of Maryland. D. The Commissioner of Correction is in sole and active charge of the Division of Correction, subject to the authority of the Secretary of Public Safety and Correctional Services and the Governor of Maryland. #### Regulation .02 Mission. *COMAR 12.02.01.02* The mission of the Division of Correction is to protect the people of Maryland from repeated criminal activities of offenders sentenced to the Division's jurisdiction. This mission is attained by the secure confinement of offenders and their successful reintegration into the community through programs of remediation, treatment, training, education, and work release. ### Chapter 02 — Minimum Lockup Standards *Repealed* **Administrative History:** Effective date: July 21, 1972 **Administrative History:** Chapter repealed effective April 26, 1982 (9:8 Md. R. 822) ### Chapter 03 — Community Adult Rehabilitation Centers **Authority:** Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland **Administrative History:** Effective date: February 2, 1977 (4:3 Md. R. 147) #### Regulation .01 Scope. *COMAR 12.02.03.01* These regulations extend to any State, local or private correctional facility established as a community adult rehabilitation center. #### Regulation .02 Purpose of Community Adult Rehabilitation Centers. *COMAR 12.02.03.02* The purpose of a community adult rehabilitation center is to house and rehabilitate those individuals who have been convicted of crimes but who, in the judgement of the courts and appropriate correctional personnel, can best be rehabilitated in community facilities without substantial danger to the community. #### Regulation .03 Definitions. *COMAR 12.02.03.03* As used in these regulations, the following words have the meanings indicated: A. “Administrative unit” is an area separate from the facility's housing units, which contains certain administrative, staff and program spaces which are shared by the housing units. B. “Commissioner” means the Commissioner of Correction. C. “County” includes Baltimore City. D. “Facility” means a community adult rehabilitation center. E. “Housing unit” is a physically separate housing and program space which contains one or more housing sub-units and certain staff, program and recreational spaces and a living area which are shared by the sub-units. F. “Housing sub-unit” is a physically separate area which contains sleeping quarters, bathing and toilet facilities. G. “Secretary” means the Secretary of Public Safety and Correctional Services. H. “State inmate” means an inmate who is sentenced to the Division of Correction. #### Regulation .04 Inspection. *COMAR 12.02.03.04* The facility and its records shall be available at all times for inspection by the Secretary, Commissioner, or their designees in order to determine compliance with these regulations. #### Regulation .05 Siting of Facilities. *COMAR 12.02.03.05* In determining the appropriateness of a site for a facility, the following factors shall be considered: A. When feasible and practical, the location should be in reasonable proximity to the communities from which the majority of its inmates come. B. The location should be situated so that it can attract qualified line and professional staff of racial and ethnic origin compatible with the inmate population. C. The location should be such that it can attract the variety of full time and part time professional specialists required to deliver the required services. D. The location should be reasonably close to public transportation, or other means of staff, inmate, and visitor transportation should be readily available. E. The facility should be located reasonably close to employment, education, and training opportunities for its inmates. F. The location should be in reasonable proximity to medical facilities for emergency medical care. G. Where feasible, practical, and possible, the site should allow for either natural or man made barriers or buffers from residential communities. H. The external environment of a facility should be suitable for residential living. I. Community attitudes and extent of any opposition to the site should be considered. J. Utilities required by the facility should be already available to the site or capable of being economically provided. #### Regulation .06 Physical Characteristics of Facilities. *COMAR 12.02.03.06* A. General Requirements. All Community Adult Rehabilitation Centers meet the following physical standards: (1) The facility shall comply with applicable fire, electrical, plumbing, mechanical, safety, health, building, housing and use laws, codes and ordinances and shall be maintained according to them. Documentation shall be available to establish compliance. (2) More than 40 inmates may not be housed in a facility without physical separation into two distinct and separate housing units. (3) The facility shall provide a minimum of 60 square feet per inmate in the sleeping quarters, and any furniture shall be arranged to provide some degree of privacy. (4) The facility shall provide, at a minimum, one toilet for each eight inmates. (5) The facility shall provide, at a minimum, one wash basin for each eight inmates. (6) The facility shall provide, at a minimum, one shower or bathing facility for each 15 inmates. This shall include at least one bath tub or shower/tub combination, for each ten female inmates. (7) All bedroom and bathroom areas shall be so designed as to maintain appropriate separation of male and female inmates. (8) Outside access to and egress from a housing unit shall be controlled through a single main entrance/exit. (9) Any exterior door, except the main entrance shall be considered a fire door, shall be locked to outside use, and shall be equipped with an alarm to sound when the door is opened from the inside. (10) A dining area shall be provided and shall contain sufficient tables and chairs to seat at least one-third of the inmates at one time. (11) The facility shall be maintained at a temperature above 65 degrees during the day and at least 62 degrees at night. (12) The facility shall be well ventilated to insure that internal temperatures during summer months do not exceed outside temperatures by more than 10 degrees. (13) The facility shall contain a secure room or rooms for temporarily holding: (a) Inmates who may have incurred a mental problem and are displaying behavior which is threatening to themselves or others; (b) Inmates who are potential escapees while awaiting serious disciplinary hearings; or (c) Any other inmate while awaiting transfer to more appropriate confinement or care facility. (14) Sufficient area for correctional programming shall be provided. This area shall be air conditioned, if feasible, and shall include, but not be limited to space for the following: (a) Confidential interviews; (b) Group counseling; (c) Class room and quiet study; (d) Meetings and classification. (15) Artificial lighting should provide an intensity of illumination of 6 foot candles and be available to cover 25 percent of the floor area in each bedroom with at least 15 foot candles of local illumination for reading. B. Requirements Governing New Construction. Any facility which is to be constructed as a community adult rehabilitation center shall meet the following additional physical standards. Existing buildings which are converted to community adult rehabilitation centers shall be exempted from these standards as long as any capital expenditures do not exceed 50 percent of the fair market value of the facility excluding land: (1) More than three inmates may not sleep in one room; (2) At least 20 percent of a facility's sleeping quarters shall be single rooms; (3) The facility shall be comprised of one or more housing units and an administrative unit; (4) A housing unit shall house no more than 40 inmates; (5) A housing sub-unit shall house no more than 20 inmates; (6) A housing unit shall contain a common living area of at least 300 square feet, which shall be furnished for leisure type activities and for visiting; (7) A housing unit shall contain the following separate spaces to be shared by the sub-units: (a) Television and noisy recreation; (b) Confidential counseling; (c) Storage; (d) Supervisor's office; (e) Staff offices; (8) An administrative unit in a facility shall contain the following separate spaces to be shared by its housing units: (a) Group visiting; (b) Group recreation; (c) Education/library; (d) Administrative offices; (e) Dining; (f) Medical examining; (g) Storage; (h) Multi-purpose; (i) Conference/hearing; (j) Toilet; (k) Parking. #### Regulation .07 Programs and Staffing. *COMAR 12.02.03.07* A. Programs. (1) The facility shall establish a system of inmate classification/ treatment. It shall be conducted by a classification/treatment committee which shall include at least three staff members. One inmate resident of the facility may be assigned as a member of the committee. (2) The classification/treatment process shall be designed to: (a) Insure the security of the facility; (b) Insure the welfare of the inmates; (c) Insure the protection of the community; (d) Promote the most effective use of the facility as an instrument of correction and rehabilitation. (3) The classification/treatment committee shall evaluate and make recommendations regarding each of the following decisions: (a) Development of and changes in an inmate's treatment program; (b) Transfer of an individual to another institution; (c) Pre-parole recommendations; (d) Granting of additional privileges to an inmate based upon successful participation in the facility's program. (4) Parole and program termination recommendations made by the classification/treatment committee shall be approved or disapproved by the facility director or, in his absence, the designated acting director. (5) Comprehensive rehabilitative services shall be made available to inmates of the facility. The purpose of these services is to improve an inmate's education, upgrade vocational skills, obtain suitable employment, strengthen family and mental health, and reduce any tendency to abuse alcohol or drugs. (6) Responsibility for providing services listed in §B(1) below, rests with the facility. If community resources are available to provide services, facilities are encouraged to use them, but the facility shall remain responsible for insuring that services are available and are rendered to the inmates. (7) Weekly inmate/staff counselor meetings shall be held with all inmates to provide direction and monitor inmate performance. (8) The following services shall be made available to inmates on an as needed and practical basis: (a) Vocational and educational testing; (b) Job counseling; (c) Job training; (d) Job placement; (e) Drug, alcoholism and family counseling; (f) Psychological evaluation and/or therapy; (g) Psychiatric evaluation and/or therapy; (h) Housing assistance; (i) Routine medical and dental services; (j) Emergency medical and dental services; (k) Adult basic education instruction. (9) The center shall have an affirmative responsibility to develop those programs and resources within the community that are necessary to meet the needs of the inmates assigned to the facility. (10) When a Mutual Agreement Program (MAP Agreement) is used to establish a definite parole date of an inmate in a facility, the director and personnel assigned to that facility will be responsible for observing the MAP procedures established by the Commissioner, in agreement with the Chairman of the Maryland Parole Commission. These procedures will be established in the “Maryland Model of Mutual Agreement Programming.” Reporting procedures may be established by the Commissioner in order to insure compliance with MAP procedures. (11) If not already under a MAP contract, once placed in the facility each inmate shall design with his counselor, a treatment program aimed at preparing him for release to the community better able to lead a crime-free life. Generally, an inmate's program should include: (a) Preparation for securing and holding a job, through education, vocational training, or simply aid in securing a job; (b) Group or individual counseling, or both, to prepare him to better handle emotional stress; and (c) The opportunity to acquaint himself with those community agencies which will be available to provide support before and after his release. (12) The facility shall have documentation to show that it provides for inmate participation in development and implementation of the treatment plan. (13) The facility shall have documentation to show that it holds weekly staff meetings to review inmate progress with each inmate's progress, reviewed at least once each month. (14) The facility shall review all changes in the treatment plan with the inmate and document this procedure by staff initial and date. (15) The facility shall provide access to a variety of social and recreational activities. (16) The facility shall have written policy and procedures which provide for expanding opportunities for inmate responsibility, involvement with family, and community activities before final release. (17) Each facility shall have a properly monitored work release program. (18) To the extent practicable, the facility shall use appropriate programs and services which exist in the community. (19) All inmates shall be given an opportunity for physical exercise at least once a day. B. Staffing. (1) There shall be a minimum of six full-time counseling/security staff for housing units with up to 20 residents, seven for units housing between 21 and 30 residents, and eight for units housing more than 30 residents. (2) A unit supervisor shall be provided for each housing unit in a facility having more than one unit. (3) If sufficient resources are not available in the community, then additional paid or volunteer staff shall be used to provide inmates with medical, psychological, psychiatric, educational, and/or employment services. (4) There shall be one full-time clerical staff for each housing unit. One additional clerical and administrative staff member who may be designated as assistant director shall be available for centers comprising more than two housing units. (5) The minimum qualifications for a unit supervisor shall be a Bachelor's Degree from an accredited 4 year college or university plus 2 years of appropriate experience, or a master's degree in one of the behavioral sciences. (6) The minimum qualifications of line counseling and line security staff shall include the completion of 2 years of college. (7) The agency may have a written policy which outlines experience substitutes for the educational requirements in §B(5) and §B(6) if the agency permits the substitutes. (8) The director, assistant director, and all line level counseling/security staff shall have completed either the Correctional Specialist, Correctional Officer, Classification Counselor, or Parole and Probation Agent Course or have received certification or waiver by the Maryland Correctional Training Academy before completion of their first year of employment in a facility. (9) All requirements of the Maryland Correctional Training Commission shall be complied with. (10) A staff member shall be assigned primary responsibility for the welfare, direction, and counseling of each inmate. Staff members may not be assigned responsibility for more than ten inmates at any given time. (11) An inmate may not be assigned work that requires access to, or use of, inmate or staff personnel records. (12) Staff members of one sex may not conduct body searches of persons of the opposite sex. (13) Staff members of one sex may not supervise the taking of urine samples from inmates of the opposite sex. (14) Each housing unit of up to 40 inmates shall, at all times, have at least one trained counseling/security staff member awake, on duty, and available for consultation with inmates. (15) One institutional parole and probation agent shall be provided by the Division of Parole and Probation for each 40 persons residing in a community adult rehabilitation center. #### Regulation .08 Admission and Discharge. *COMAR 12.02.03.08* A. Admission. (1) Admission of inmates to the facility shall conform to clearly defined written policies and procedures established by the facility director. Before transfer to a facility, all inmates shall be properly screened by the facility director, the local correctional system, or the Maryland Division of Correction, or all. (2) An individual may not be admitted unless a commitment order, properly signed by the clerk of the appropriate court, is received with the individual. (3) The following criteria shall be considered in screening an inmate for placement in a facility: (a) Intent of court at sentencing; (b) Time already spent in confinement; (c) Instant offense; (d) Prior criminal record; (e) Institutional adjustment; (f) Availability of work and transportation; (g) Effect of placement on immediate family and dependents; (h) Need for services available at the facility; (i) Level of individual's maturity, attitude, and trust-worthiness. (4) Any individual who is determined to be an escape risk, or having a detainer for a charge for any crime enumerated in Correctional Services Article, §11-317, Annotated Code of Maryland, may not be assigned to a facility. (5) According to the provisions of Correctional Services Article, §11-317, Annotated Code of Maryland, and policy of the Division of Correction, a facility may accept certain inmates who are committed to the Division of Correction without prior processing in another Division of Correction institution. In these cases the facility shall serve as a reception, diagnostic, and classification center for the Division of Correction. (6) Before physically admitting an offender according to §A(5) of this regulation, the facility shall: (a) Screen the inmate to determine eligibility and acceptability for placement in the facility; (b) Obtain a Division of Correction inmate number; and (c) Complete the photo and fingerprint identification work as required by the Commissioner. (7) After admission of an inmate according to §A(5) of this regulation, the facility shall: (a) Establish an inmate case record; (b) Establish a medical and dental file; (c) Conduct a dental and medical exam which includes screening for tuberculosis, venereal disease, and any other communicable disease specified by local, State, or federal health authorities; this requirement may be waived if a medical and dental exam has been conducted for the inmate by the jurisdiction operating the facility within the last 30 days, and if the examination records are held in the facility; (d) Administer an educational screening test as designated by the Commissioner; (e) Administer a psychological screening test as designated by the Commissioner; (f) Establish a financial account for the inmate's personal fund; (g) Forward a skeleton inmate file and commitment papers to the Division of Correction as required by the Commissioner; and (h) Complete and forward a parole and probation census card as required by the Division of Parole and Probation. B. Discharge. (1) Discharge of inmates from the facility shall conform to clearly defined written policies and procedures of the facility. (2) Discharge policies and procedures shall include: (a) A verification that the inmate is being discharged under proper legal authority; (b) A positive identification of the inmate being released; and (c) The return to the inmate, or individual assuming custody of the inmate, of all of the inmate's property and valuables held by the facility. A receipt shall be signed by the inmate or the individual assuming custody of the inmate and retained for facility records. (3) If an inmate is to be transferred to the jurisdiction of the Division of Correction, the transporting officer shall have with him properly executed commitment papers and a copy of the inmate case record. Also included shall be a record of time accrued toward diminution of sentence under in Correctional Services Article, §11-503, Annotated Code of Maryland. This record shall show the amount of time accrued according to type: good time, industrial, educational, and special programs. (4) The time, date, and reason for discharge shall be entered in the inmate's case record. (5) Every inmate who is released from custody shall be given a prerelease physical examination by an appropriately qualified medical examiner: (a) The physical will be performed as close to the actual date of release as possible, but no more than 3 days before release; (b) An inmate found to have a chronic disease of the mind or body will be referred to the proper State agency for continuation of treatment; (c) An inmate who has a disease requiring a short treatment period shall be directed to the proper agency for follow-up care and the inmate will be advised to have the new treatment agency request his pertinent medical records if needed; (d) The medical examiner will complete and sign a prerelease medical examination form provided by the Commissioner. (6) If an inmate is transferring to a Division of Correction institution, the transferring facility shall be responsible for bringing the medical and dental records of the inmate up-to-date, including all current prescriptions. The records will be forwarded to the new institution along with the inmate case record. (7) The transferring institution shall provide a 24-hour supply of all medication prescribed for the inmate by a competent physician. #### Regulation .09 Accounting, Reporting, and Accountability. *COMAR 12.02.03.09* A. Accounting--Financial. (1) The facility shall use a recognized system of fiscal management accountability. (2) In private facilities, the fiscal process shall include an independent annual audit which shall be conducted by a certified public accountant. (3) The facility shall have written fiscal policies which include internal controls. (4) For private facilities, the fiscal policy shall provide for adequate insurance coverage to include, but not limited to: (a) Physical plant; (b) Equipment; (c) Client liability; and (d) Bonding for board and staff. (5) The facility fiscal policy shall provide a written policy for: (a) Inventory control of agency property and assets; (b) Accountability of petty cash expenditures; (c) Purchasing and bidding of supplies and equipment; (d) Completion of staff time sheets. B. Accounting--Inmate Records. (1) The inmate case record shall include at least the following information: (a) Identification and medical/security alert information; (b) Evaluation and progress reports; (c) FBI report; (d) Presentence investigation with Division of Correction fact sheet or Division of Correction admission summary; (e) Preparole reports; (f) Classification/treatment committee actions; (g) Legal matters relating to the inmate's case; (h) Adjustment reports and records; (i) Inmate grievance commission matters; (j) Medical reports; (k) Psychological and psychiatric reports; (l) Social material; (m) Educational material; (n) Employment material; (o) Accident reports; (p) Signed release of information and consent forms; (q) Next of kin notification; (r) Final discharge report. (2) All entries into the case records of the inmate shall be dated and signed by a staff member. (3) The facility shall have a written policy for maintaining case records on a current basis. (4) The facility shall have a written policy which provides for case record auditing. (5) The facility shall provide that safeguards exist to prevent the possibility of theft, loss, or destruction of case records. (6) The facility shall provide that all inmate case records are marked “confidential”. (7) The facility shall provide that each file cabinet where case records are maintained is marked “confidential”. (8) The facility shall provide security type file cabinets for all case records. (9) The facility shall provide that a “release of information consent form” is signed by the inmate before confidential information about the inmate is released to any individual or agency not having legal access. (10) A “release of information consent form” shall include: (a) The name of the person, agency, or organization requesting information; (b) The specific information to be disclosed; (c) The purpose or need for the information; (d) The date the consent form is signed; (e) The signature of the inmate; and (f) The signature of the individual witnessing the signature. (11) A copy of the signed “release of information consent form” shall be maintained in the inmate case record. (12) If the inmate is discharged to another correctional facility or sentenced to probation or paroled, the original inmate case records shall be forwarded to the agency having responsibility for the inmate. The original case records of all other State inmates shall, at discharge, be forwarded to the Division of Correction. A skeleton case record which includes at least the presentence investigation/admission summary and face sheet, commitment papers and discharge report, shall be made and retained by the transferring facility for a period of 3 years. (13) Before the awarding of earned time by the director for satisfactory inmate application and progress in industrial, agricultural, vocational, educational, or administrative tasks, a written description of the programs shall be submitted by the director to the Commissioner for his prior approval. The Commissioner shall in turn submit his approval or disapproval in writing to the director. (14) Additional earned time, for special projects and programs not included in the above listing, may be awarded by the director. The procedure is the same as above; a written description of the projects, programs, or both, shall be submitted to the Commissioner who in turn gives written approval before the awards are made. C. Reports. (1) All admissions, releases, and escapes of State inmates shall be reported as required by the Commissioner. (2) All earned time credited and good conduct time lost by State inmates shall be recorded in the inmate case record. (3) A preparole evaluation for an inmate shall be completed and forwarded to the Division of Parole and Probation not later than 30 days before his or her scheduled parole hearing date. D. Accountability. (1) A permanent facility log shall be maintained in the facility. (2) The facility log shall be a clearly labeled, permanently bound volume of lined sheets of writing paper, with all pages numbered consecutively in advance of use. (3) All log entries shall be made in ink (fountain or ballpoint pen). (4) Any log corrections shall be made by lining out and initialing the correction. Once an entry is made, it may not be altered or corrected in such a manner that the original entry cannot be read. (5) The log shall be maintained by the supervisor on duty, and should be secured at the work station near the telephone. (6) The first log entry of each day shall be preceded by the date, and each entry by the time of the entry. (7) Each supervisor going on duty shall indicate in the log the acceptance of responsibility for the facility. The supervisor being relieved shall so indicate in the log. (8) Any unusual occurrence shall be recorded in the log, ordinarily by the supervisor on duty. Unusual occurrences include those which might influence the behavior of an inmate, behavior on the part of an inmate which should be known by other staff, contacts during non-business hours by representatives of other agencies, staff or other e.g. police, families, inmates, etc. Such things as facility problems or equipment breakdowns should be noted as well as any staff initiated contacts. The log should not ordinarily be used for messages, but may call attention to changes in orders, procedures, or schedules which are available elsewhere. (9) All management and supervisory staff shall review the log upon reporting to duty each day or assigned work period, and a record of the review shall be entered in the log. (10) The log is the permanent record of activities, events, and problems for the facility. After completion, it shall be kept in a secure file for at least 3 years. (11) Random inspection of the facility shall be conducted by the director, to include all shifts at least once every 2 weeks. A record of all inspections shall be entered in the facility log. (12) The facility shall be daily inspected by the senior staff member. A record of all inspections shall be entered into the facility log. (13) Supervisory sessions shall be conducted at least once each 2 weeks for all line staff rendering services to inmates. Inmate case files, performance of inmates assigned to the staff member, and the staff members' performance shall be reviewed at that time. (14) A management information system approved in advance by the Commissioner shall be used in the facility. #### Regulation .10 Facility Management. *COMAR 12.02.03.10* A. General Administration. (1) Any private agency operating a facility shall have: (a) A constitution or articles of incorporation which meet all of the legal requirements of the State; (b) Documentation of its tax status with the Internal Revenue Service; and (c) By-laws, approved by the local governing board and filed with the appropriate local, State, and/or federal bodies. (2) The facility shall have a program design approved by the Commissioner, which describes: (a) What is to be done to whom, by whom, why, at what cost; and (b) How an outside observer can judge whether or not the program is achieving what it is designed to achieve. (3) The facility shall have a current organizational chart which accurately reflects the structure of authority, responsibility, and accountability within the facility. (4) In order to facilitate the administration and operation of the facility, written rules and regulations shall be promulgated, published and made available to all staff members. (5) The rules and regulations shall be assembled as a procedures manual. (6) The procedures manual shall be bound in a loose leaf binder in order to facilitate changes, additions, and deletions. (7) A copy of the procedures manual shall always be in the possession of that individual who at any given time is responsible for the operations of the facility. Other copies shall be available for use of other staff. (8) The procedures manual shall contain sample copies of all forms and reports and an explanation for initiating, completing and distributing forms and reports required. (9) All counseling/security staff shall be required to be familiar with the community adult rehabilitation center standards, the facility program design and procedures manual. The facility shall maintain, on file, a statement signed by each staff member which acknowledges this familiarity. (10) All written policies and procedures shall include purpose, other policies and procedures affected, explanation, action required, cancellation date, and distribution. (11) At all times, a staff member, physically present in the facility, shall be designated to be “in charge”. The facility's policies and procedures shall identify the responsibilities of this person. (12) The procedures manual shall include emergency procedures which outline specific responsibilities in case of emergency including: riot, fire, assault, rebellion, or any other emergency. (13) The emergency procedures shall be prepared in cooperation with pertinent state and local agencies including fire, police and civil defense, and shall conform to all appropriate statutes. (14) All agencies involved in the preparation of emergency procedures or having responsibilities for carrying out the procedures shall be distributed a current copy for reference. (15) The facility shall have a written emergency evacuation plan which shall be disseminated to staff and inmates and shall be posted in a conspicuous place. (16) The facility director, at least annually, shall request an inspection of the facility by the local fire inspector, health inspector and building inspector. Reports of all inspections conducted shall be maintained for a period of at least 3 years. B. Food Service. (1) The facility shall insure that the food service provided meets or exceeds any nutritional standards as recommended by the dietary allowance of the Food and Nutrition Board of the National Research Council and the Maryland Department of Health and local health department. (2) All food service shall be according to COMAR 10.15.03. (3) Three wholesome meals a day of sufficient quantity and quality shall be served at the customary times of breakfast, lunch and supper. (4) The facility shall provide advance monthly planned menus to assist in budget planning, food quality control, and to inform the inmates what will be served at each meal. This menu shall be posted in a conspicuous location that is accessible to inmates. Copies of all menus shall be retained for inspection purposes. (5) The facility food service plan shall be periodically reviewed and approved by a certified dietitian or local health authorities. (6) The facility shall provide properly ventilated and adequately furnished dining area or areas. (7) Special diets as prescribed by a physician or a certified dietitian, shall be available for those inmates under medical treatment or in need of these diets for other approved reasons. (8) At least one member of the facility staff shall supervise the kitchen in the preparation and serving of food. (9) Facility staff, corrections, sheriff's department, or any other city, county, or State personnel may not have their salary, commissions, or any other payments tied to savings in facility operations. C. Medical. (1) Inmate medical and dental records are confidential and shall be handled only by properly authorized personnel. (2) An inmate shall be provided medical and dental care for conditions which, in a professional opinion, are of immediate concern and must be treated. This care shall be of a quality commensurate with good medical practice. (3) Standard first aid supplies as required by O.S.H.A. shall be available on the premises at all times. (4) The facility shall maintain an inventory control list of first aid equipment and supplies to ensure the equipment and supplies are sufficient at all times. (5) At least one staff member per shift who has completed the American Red Cross Advanced First Aid and Emergency Care and Coronary Pulmonary Resuscitation courses or their equivalent shall be present in the facility at all times. (6) The facility shall have established procedures whereby inmates can report illnesses and request treatment in writing. These shall be outlined in the inmate rules and regulations. (7) The facility shall have written medical emergency procedures that insure appropriate response to medical emergencies, and the staff shall be familiar with these procedures. (8) Narcotics and other medication shall be properly stored and inventoried in accordance with all applicable federal, State, and local regulations. (9) All prescribed medication for inmates shall be centrally stored in a secure storage area controlled by the staff. Inmates shall normally be given their prescribed daily dosage one day at a time. (10) A report of all physician visits, inmate treatment, and complaints or requests for treatment shall be incorporated in the inmate's file. (11) As soon as possible after occurrence of any serious illness or injury to an inmate, every possible effort shall be made to report the occurrence to the inmate's next of kin or a person designated by the inmate. If at all possible, this should be accomplished within 4 hours of the incident. All these efforts shall be documented in the facility log. (12) As soon as possible, and in all cases within 2 hours after receipt, inmates shall be notified when information is received of a serious matter concerning the inmate's family. (13) At least one litter stretcher and storage for it shall be provided for the transportation of the critically ill or injured. (14) The facility shall provide for completion of necessary laboratory tests as ordered by a physician. (15) The facility shall have a written policy regarding the possession and use of controlled substances, prescribed medications, and over-the-counter drugs. (16) An inmate who has been determined to be a drug addict shall be placed under appropriate treatment. (17) The determination of addiction and treatment of an addicted inmate shall conform to the guidelines and regulations promulgated by the federal government and the Maryland State Drug Abuse Administration. D. Sanitation. (1) A daily routine of work necessary to keep the facility clean shall be established and followed. (2) A member of the facility staff shall make daily sanitation and safety inspections. (3) The director shall conduct periodic, unannounced sanitation inspections of the facility. (4) The facility shall furnish laundry services or provide facilities for washing personal clothing, as well as bedding, and other washable items. (5) Blankets, pillows and mattresses shall be cleaned before issue and when necessary during use. E. Personnel. (1) The facility shall observe the personnel policies of the State, if operated by the State, or of the county, if operated by a county. (2) Any private agency operating a facility or any county which may not have written personnel policies adopted by the governing body shall have policies including at a minimum: (a) Organization chart; (b) Employment practices and procedures; (c) Promotion; (d) Job qualifications; (e) Grievance procedures; (f) Employee evaluation; (g) Personnel records; (h) Benefits; (i) Holidays; (j) Vacations; (k) Hours of work; (l) Salaries (or the base for determining salaries); (m) Suspension; (n) Termination; and (o) Resignation. (3) The facility or agency shall have documentation to show that job descriptions and job qualifications exist for all positions in the facility. (4) The personnel record of the employees shall be confidential and shall be maintained in a locked file which shall be confidential. (5) The facility or agency may not have a policy which excludes the employing of ex-offenders. (6) The facility or agency shall provide initial orientation for all new employees upon employment. (7) The facility or agency shall have a written program of in- service training for all employees, using their own resources and other resources in the community. F. Inmate Rules and Regulations. (1) The facility shall have written inmate rules and regulations. (2) Inmate rules and regulations shall be written and organized in a simple and understandable form. (3) At admission, each inmate shall be given a copy of the rules and regulations to read and retain. (4) If an inmate cannot read, the rules and regulations shall be read to the inmate. (5) After reading or being read the rules and regulations, inmates shall be required to sign an appropriate form acknowledging that they have read (or have been read) the rules and understand them. (6) All facility staff shall be familiar with the inmate rules and regulations. (7) Before their publication, the inmate rules and regulations shall be approved by the attorney general, county attorney, or city solicitor, as the case may be. (8) The inmate rules and regulations shall specify any actions that can lead to administrative (non-punitive) removal from the facility. Inmate regulations shall provide that transfers of inmates to Division of Correction institutions of greater security shall conform with applicable Division of Correction regulations. (9) The inmate rules and regulations shall outline inmate grievance procedures. (10) There shall be a written procedure for inmates to make complaints or grievances which shall outline required staff action for investigating and resolving the complaints or grievances. (11) A written disciplinary report of all violations of inmate rules and regulations shall be made and shall include: (a) The name of the inmate and the alleged offense; (b) A description of the complaint; (c) Names of any witnesses; and (d) The signature of the staff member making the report. (12) The inmate rules and regulations shall include the established adjustment procedure for imposing punishment for violations of inmate rules. All disciplinary action shall be in accordance with these procedures. (13) The adjustment procedure shall include: (a) Written notice to inmates of the charges against them; the written notice of the charges shall include a statement of the allegations; (b) An opportunity to prepare a defense to the charges, with the possibility of assistance by another inmate or staff member; (c) A summary hearing before an impartial senior-level staff member (not the director) for those minor violations delineated by the facility's regulations, and a hearing before an adjustment team for serious violations; (d) An opportunity for the inmates to be represented by another inmate or staff member at the hearing to present evidence and witnesses in their own behalf and confront and cross-examine witnesses against them if the adjustment team determines it is practical or relevant to the inmate's case; inmates shall be allowed at least 24 hours from time of notice of infraction to the disciplinary hearing to prepare a defense and to confer with potential witnesses; (e) A decision based upon the evidence produced at the hearing in support or denial of the charge; (f) A permanent record of the proceedings; and (g) An opportunity for appeal to the facility director or designee. (14) The adjustment team shall be comprised of at least two impartial staff members, neither of whom was a party to the violation; (15) One inmate resident of the facility may be assigned as a member of the adjustment team. In these cases the inmate may be permitted a vote in the determination of guilt or innocence but may not participate in the process of affixing a penalty or disciplinary action. (16) Violations of the criminal code of Maryland shall be referred to proper authorities for appropriate criminal proceedings. (17) The following are penalties or disciplinary actions, only one of which may be imposed by summary hearings for each minor violation of inmate rules and regulations: (a) Counseling or reprimand; (b) Assignment to no more than 20 hours of extra duty; (c) Loss of participation in facility sponsored recreation, athletic, or cultural activities for a maximum of 15 days; (d) Required participation in a program designed to correct the cause of the disciplinary problem; (e) Loss or reduction of leave privileges for a maximum of 30 days; (f) Restriction to the facility except for authorized work, training, education, or other specifically excepted purpose for a maximum of 15 days. (18) The following are penalties or disciplinary actions, only one of which may be imposed by an adjustment team for each serious violation of inmate rules and regulations: (a) Any penalty or disciplinary action provided for minor violations; (b) Assignment to no more than 60 hours of extra duty; (c) Loss or reduction of leave privileges for a maximum of 60 days; (d) Restriction to the facility except for specifically excepted purposes for a maximum of 45 days; (e) Loss of up to 30 days of good conduct time or segregation or suspension from the facility for a maximum of 15 days. (19) In addition to any other penalty or disciplinary action imposed by an adjustment team, transfer to medium or maximum security confinement for suspension or termination from the facility program can be recommended for consideration by the facility's classification team. (20) All disciplinary action shall be made a matter of facility records. (21) Deviation from normal feeding procedures may not be used as a disciplinary action. (22) Corporal punishment, in any form, may not be permitted. (23) Contraband is anything not specifically authorized by the facility rules. The inmate rules and regulations shall stipulate what an inmate may or may not have on his person or in his sleeping quarters. (24) Inmates shall be allowed to be reasonably visited by and to correspond with family members, friends, religious advisors, and prospective employers. (25) The facility shall publish and post regulations and visiting hour schedules in an area within the facility that is accessible to inmates and to the public. (26) Inmates shall be allowed at least twice weekly visits with family and friends. (27) Denial of visits may not be used as a punishment, unless the reason for the denial stems from serious violation of the visiting rules or justifiable security threat. (28) Confidential inmates' visits with their attorneys may not be denied at any time. Appropriate space for these visits shall be provided at the facility. (29) There shall be established procedures for control of visits and handling of inmate mail. (30) Mail sent from an inmate shall be sealed by the inmate and may not be opened or inspected by facility staff. (31) Incoming inmate mail may be opened for inspection for contraband; however, it may not be read by the inspecting staff member and its confidentiality shall be maintained. Properly identified attorney and court mail for an inmate shall be opened only in the presence of the inmate to whom it is addressed. (32) The facility shall permit inmates to reasonably decorate their sleeping quarters with personal possessions, pictures and posters. (33) Inmates may not be forced to shave, or have their hair cut, unless there is a legitimate medical reason for doing so, and then only upon written orders by a physician. (34) Each indigent inmate shall be entitled, upon entry into the facility and thereafter as often as it is necessary, to receive the following items on credit with reimbursement to be made by the inmate as soon as possible: (a) Hygienic articles including toothpaste, a toothbrush, soap, a razor and razor blades, shaving cream and deodorant; and (b) Paper, pencil, envelopes and stamps which allow an inmate written access to the courts, attorneys of record, and elected officials. G. Work Release and Leave. (1) The director or assistant director of a facility may grant an inmate the privilege of leaving the confines of the facility for the purpose of employment or seeking employment, participating in civic activities, volunteer work, or athletic competition, or making personal or family visits. (2) For facilities staffed and operated by the Division of Correction, the Commissioner shall promulgate appropriate leave regulations subject to the approval of the Secretary. (3) For facilities not staffed and operated by the Division of Correction, the following shall govern the granting of leave: (a) The facility shall have a written leave policy which specifies the conditions under which an inmate may earn and be granted leave and the process for granting approval; (b) Any leave granted shall be for a specifically designated purpose; (c) The facility staff shall randomly verify the conformance of inmates on leave to the conditions of their leave; (d) Unless they are within 4 weeks from actual release or parole, inmates may not be permitted to be on leave from the facility for more than two nights in any 7 day period; (e) The director or assistant director shall specify, in writing, and sign the terms and conditions governing the granting of leave; (f) Inmates on leave shall sign, and while on leave carry, their copy of the terms and conditions governing the grant of leave; (g) The terms and conditions governing the grant of leave shall specify that “an inmate on leave shall be deemed to be in the custody of the facility to the same extent, and subject to the same supervision and control, as an inmate actually in the confinement of the Division of Correction, and any escape shall be punishable as provided in Criminal Procedure Article, §§9-406 and 9-407, Annotated Code of Maryland;” and (h) Inmates on leave may not be permitted to visit any other state correctional institution without advance, written authorization from the managing officer of that institution. (4) Facility staff or another responsible authority shall have a voice contact with each inmate's employer or trainer at least once every 2 weeks to verify attendance and determine progress in employment or training. (5) For sentenced inmates involved in work release or other leave programs, urine specimens shall be collected at least every other week from all inmates and three times each week on alternate days, for all known drug users. A minimum of 50 percent of the samples collected shall be analyzed to determine drug usage. (6) An inmate may not be permitted to leave the confines of the facility without being physically checked out of the facility by an authorized staff member. (7) All inmates shall be checked into the facility by an authorized staff member. H. Security. (1) The facility shall establish and conform to appropriate written security procedures. (2) Inmates shall be searched upon admission and periodically thereafter to prevent the flow of contraband. (3) Complete facility shakedowns shall be conducted at least monthly. (4) Any inmate personal property damaged, disassembled or otherwise left in a changed state by facility staff shall be returned to its original condition or, if necessary, replaced by the facility or the responsible staff members. (5) Physical force shall only be used by facility personnel only to the extent necessary for self-defense, to protect staff, inmates and other individuals, to maintain order or to prevent escape or a riot. (6) A written report of any use of physical force shall be made to the director and shall be maintained in the facility files. (7) Facility keys shall be properly identified and stored in a secure area when not in use. (8) A record shall be kept of all keys. (9) Firearms, mace, tear gas or weapons of any other type may not be permitted in a facility. #### Regulation .11 Community and Public Relations. *COMAR 12.02.03.11* A. General. (1) The facility shall conduct an on-going program of public information to encourage understanding, acceptance and support of its programs. (2) The facility shall participate in community planning organizations as they relate to the services rendered by the facility. (3) The facility shall prepare an annual report and make it available to the public. (4) The facility shall maintain connective relationships with other components of the criminal justice system, such as law enforcement, public defender, judges, sheriff's office, Division of Correction and Division of Parole and Probation. (5) The facility shall maintain connective relationships with non-criminal justice agencies, such as educational institutions, vocational training centers, employment offices, mental health services and social service agencies. (6) The facility shall have a written public information policy which outlines provisions governing staff and inmate contact with the news media. B. Community Advisory Board. (1) At the time a facility is established, a community advisory board shall also be established according to the provisions of Correctional Services Article, §11-312, Annotated Code of Maryland. (2) Meetings of the community advisory board should be scheduled monthly at a location provided by the facility director. (3) All community advisory board meetings should be conducted according to “Robert's Rules of Order.” (4) The community advisory board should elect annually from within its membership a chairman, secretary, and any other officers it deems necessary. (5) Minutes of all community advisory board meetings should be taken by a duly elected secretary of the community advisory board. These minutes shall be typed, copied and distributed by the facility director within 7 days of receipt. Copies shall be distributed to all community advisory board members, the Commissioner of Correction, the county executive, mayor or county commissioners as the case may be. (6) The community advisory board should review and report on the facility's program semi-annually and shall have access to the facility at all times. (7) Within 2 weeks of the program review, a report should be sent to the county executive, mayor or president of the county commissioners, as the case may be, the Commissioner of Correction, the facility director, and the board of directors, if the facility is privately operated. (8) If the community advisory board, after consultation with the facility director, is unable to resolve any difficulty concerning the operations of the facility, written notification of the difficulty shall be forwarded by the community advisory board to the local government with copies to the Commissioner and facility director in the case of locally operated centers, and to the Commissioner with copies to the local government in the case of a State operated center. (9) The community advisory board is encouraged to conduct an on- going program of public information to inform the community about the facility, its purposes, program and performance, and to develop citizen participation in support of the facility's program. (10) The facility director should advise the chairman of the community advisory board of: (a) Any serious incidents which are required to be reported to federal, State or local authorities, at the same time they are reported to these authorities; and (b) Any complaints received from the community regarding facility operations. (11) At each monthly meeting of the community advisory board, the director of the facility should present a report to the board. At a minimum, this report should include the following: (a) All intake for preceding month; (b) All terminations for preceding month; (c) All successful releases; (d) Population on first and last day of preceding month; (e) Any new convictions of releases; (f) Any new convictions of residents currently in house; (g) Any violations or warning given by the federal, State or local correctional agency having responsibility for those assigned to the facility or given by any other governmental agency, having authority over the health, safety and welfare conditions within the facility; and (h) A copy of the monthly management information system summary as sent to the Division of Correction. #### Regulation .12 Waivers. *COMAR 12.02.03.12* A waiver from one or more of the above regulations may be requested in writing from the Secretary of Public Safety and Correctional Services. ### Chapter 04 — Public and Media Relations **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Definitions. *COMAR 12.02.04.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Commissioner” means the Commissioner of the Division of Correction or a designee. (2) “Division” means the Division of Correction. (3) “Subunit” means the Division of Correction institutions, minimum security State or contractual prerelease units, and State Use Industries. (4) “Warden” means the warden or a designee. #### Regulation .02 Public Relations. *COMAR 12.02.04.02* A. The Commissioner shall ensure that Division headquarters and each subunit: (1) Respond to citizens' inquiries and complaints transmitted either in writing, by telephone, or through personal visits; (2) Designate a person to handle inquiries or complaints; the public relations representative may refer a matter to a more appropriate individual or agency for a response; (3) Ensure that switchboard operators, receptionists, mail room personnel, and other staff refer citizen telephone calls, mail, and visitors to the unit's designated public relations representative. B. Telephone Communication. The Commissioner shall ensure that a person who answers telephone calls from the public for Division headquarters and Division subunits is trained in the following: (1) Mechanics of the telephone system; (2) Proper telephone courtesy; (3) Prompt attention to calls; and (4) Use of directories to forward a caller to the appropriate person. C. Written Communication. Division headquarters and each subunit shall ensure that: (1) Written communication is stamped with the name of the facility and the date immediately upon receipt. (2) A written communication requiring response is responded to within 10 business days of receipt. (3) An interim response is sent to a citizen when the communication cannot be properly responded to within the 10 business days' requirement. The warden shall ensure that the interim response addresses the following: (a) The individual responsible for reply; (b) The reason for the delay, if it can be stated; (c) The telephone number of the individual responsible for reply; and (d) An estimate as to when a reply will be made. D. Personal Visit. Division staff encourages an appointment when a citizen wishes to speak in person with a Division staff member about an inmate. Each warden shall: (1) Ensure that a clear and current notice is posted within the visitor area to notify a visitor as to where information may be obtained. (2) Ensure that an employee having contact with a visitor to Division headquarters, or a Division subunit, is adequately prepared and has available appropriate information which may be of use to the visitor. (3) Designate a person to handle visitors' requests during posted business hours. A citizen may call to confirm business hours for a specific Division subunit. E. Inquiry. (1) The process for referring a visitor inquiry is as follows: (a) Each inquiry, complaint, or request shall be accepted; (b) If an inquiry, complaint, or request is not resolved immediately, it shall be: (i) Referred to an appropriate person for further handling, or (ii) Recorded for future processing; or (c) The inquirer shall be advised of information required to direct the request to a more appropriate agency to obtain the information requested. (2) Each warden shall ensure that a citizen making an inquiry is advised when the inquiry is referred to another agency, by being sent a copy of the referral letter, which shall include the reason for referral to another agency for response. F. Each warden shall ensure that appropriate staff receive a copy of the citizen response plan and receive orientation in those procedures. #### Regulation .03 Media Relations. *COMAR 12.02.04.03* A. Access to Public Information. (1) The Commissioner and each warden shall encourage and develop mutual cooperation with media representatives, and permit the greatest possible access to public information within the limitations of applicable statutes and within operational limitations. (2) An employee of a Division facility shall refer all media inquiries to the warden. (3) The warden shall determine whether media inquiries will be forwarded to the Public Information Office of the Division. (4) Division employees who provide information to media representatives shall ensure that the information is: (a) The best available; (b) Truthful, objective, and accurate; and (c) Limited to the information authorized for release under the Maryland Public Information Act, State Government Article, §10-611 et seq., Annotated Code of Maryland. B. Visits by a Media Representative. (1) A representative of the media may visit a correctional facility and an inmate confined there for the purpose of conducting a recorded interview only with prior approval of the warden. (2) The warden shall ensure that the Division Public Information Office is notified of a media visit. (3) A media representative shall be required to produce evidence of media employment or authorization which shall be subject to verification before admission to the facility. (4) A representative of the media shall conduct an interview with an inmate within a normal visiting area unless otherwise approved by the warden, consistent with security needs and routine activities of the institution. (5) An inmate has the right to refuse to be interviewed and a right to refuse to be photographed. (6) An inmate may have a photograph taken, be filmed, or otherwise be interviewed only if the inmate agrees in writing and has the prior approval of the warden. (7) The warden shall ensure that a signed authorization indicating inmate approval is placed in the inmate's base file. C. Release of Information on Inmates. (1) Information regarding inmates confined in the Division or subject to its jurisdiction may not be released except pursuant to statutory authorization under State Government Article, §10-611 et seq., Annotated Code of Maryland, or another applicable statute. (2) Medical, psychological, and sociological data is confidential and may not be released without proper authorization. (3) Certain other information including details of a pending investigation may be exempt from disclosure. (4) Release of information regarding the identity of an inmate confined to a correctional facility is limited to the following: (a) Name of inmate; (b) Criminal offense for which the inmate has been incarcerated (prior criminal history excluded); (c) Length of sentence; (d) Jurisdiction where convicted; (e) Status, if confined for either evaluation or committed as an eligible person to Patuxent Institution; (f) Date received (and date of escape if an escapee); and (g) If the inmate who was the subject of the inquiry is on escape, a physical description may also be released as well as a photograph, if available. (5) If a warden has a question regarding the legality of the release of information, the warden shall contact the Division public information officer who shall consult the Department of Public Safety and Correctional Services' counsel for advice before release. D. Request for Information After Business Hours. Division staff who receive a request for information after normal business hours shall refer that request to the warden or the Public Information Office. E. Emergencies. (1) The warden shall ensure that the Division Public Information Office is immediately notified when an emergency or nonroutine incident occurs. (2) The Division public information officer shall be responsible for the release of information about the event. (3) At the discretion of the warden and in consideration for public safety, basic information about an event may be released by the warden. (4) The public information officer, with the advice and consent of the warden, shall establish media staging and parking areas. A representative of the media shall remain within the designated areas and shall be briefed by the public information officer. (5) A news media briefing is conducted in accordance with the following: (a) The public information officer shall prepare and present a preliminary briefing to the news media within 1 hour after arrival. During this briefing, the news media shall be informed of security procedures and safety requirements that will affect them, the nature of the emergency, and background information on the institution. (b) At this time, a briefing timetable shall be established which permits news media representatives to meet their deadlines. (c) It shall be clearly explained to the news media that an inmate within the institution can monitor radio and television reports, and this will prevent the release of certain information which could jeopardize security or response tactics. (d) If, during the course of negotiations, an inmate requests that a member of the media be present and if that request is granted by the warden or Commissioner, then the media representative should be advised that he or she is expected to brief all other members of the media on site within 1 hour after negotiations have ended. (e) Representatives of the news media are not permitted into areas of the institution other than the news media briefing area for any purpose without the approval of the warden. A request for pool photography or news media tours, or both, may be considered by the warden after the emergency is under control. Representatives of the media shall be advised that efforts to enter, or to have another person enter, the prohibited area for the purposes of filming the event or interviewing inmates is not allowed. If the public information officer has reason to believe that a restriction of aircraft overflights is necessary, the officer shall notify the Federal Aviation Administration to seek this restriction. (6) The Commissioner may prohibit the use of television or photographic equipment on the grounds of a correctional facility, if use of the equipment would make the situation worse and further jeopardize the safety of the facility. #### Regulation .04 Citizens' Tours of Division Institutions and Facilities. *COMAR 12.02.04.04* A. A citizen may request a tour of a Division facility by a letter to the warden or unit manager of the facility. The letter shall include: (1) The requested date and time for the tour; (2) A telephone number and address for the tour applicant; (3) The reason or reasons for the tour; and (4) The number of citizens who are to participate in the tour. B. A citizen shall mail a letter requesting a tour of a Division facility at least 4 weeks before a requested tour date to allow for a warden's review of the request and response to the applicant. ### Chapter 05 — Safety **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Purpose. *COMAR 12.02.05.01* The purpose of this chapter is to establish a requirement for development of fire safety plans and a vehicle safety program for institutions and facilities, including State Use Industries. #### Regulation .02 Definitions. *COMAR 12.02.05.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Commissioner” means the Commissioner of the Division of Correction or a designee. (2) “Division” means the Division of Correction. (3) “Evacuation” means to move inmates and staff from a threatened area of fire or hazard of fire. (4) “Fire plan” means the plan of evacuation, security, first aid, and firefighting for the institution. (5) “Fire safety” means a policy and procedures which ensure an institution's safety from fire hazards. (6) “Fleet safety coordinator” means a person who is the assigned representative in each motor vehicle safety activity. (7) “Institution” means a building that is occupied by inmates and staff. (8) “Motor vehicle” means a device which transports a person or property. (9) “State vehicle” means a motor vehicle titled or leased to the State. (10) “Support agency” means: (a) A utility company; (b) An emergency medical service; (c) A law enforcement agency; (d) Another Division institution; (e) Another agency which may assist an institution in case of fire; or (f) An organization, business, or firm involved by a grant or contract. #### Regulation .03 Fire Plan Elements. *COMAR 12.02.05.03* The Commissioner shall ensure that: A. Each warden develops a procedure to establish a fire plan in conjunction with the fire marshal of the locality. B. Each warden appoints a fire safety officer who has completed a qualified fire safety program. C. Each fire plan includes the following elements: (1) Inspection by the fire safety officer of the institution on a monthly basis with required documentation sent to the warden and the Division headquarters. (2) Annual review and revision as needed. (3) Availability of the plan to staff. (4) Posting of the fire plan in designated areas. (5) Establishment of teams to conduct fire fighting, evacuation, security, and first aid. (6) Fire stations for individual extinguishers. (7) Teams for each extinguishing device. (8) Conduct of quarterly fire drills which meet the following criteria: (a) Under varying conditions; (b) On a staggered basis; (c) On random days; (d) At random times; and (e) On all shifts. (9) Evacuation procedure associated with the conduct of a fire drill which considers security requirements and public safety. (10) Establishment of an ongoing relationship with the local fire department to ensure: (a) Understanding of community emergency service capabilities by institutional administration and staff; and (b) Ongoing communication and coordination. (11) Provision for good housekeeping standards within the institution. (12) Requirement for constant vigilance by staff to detect and eliminate fire hazards. (13) Development of a master list of each institutional fire extinguisher which includes the following provisions: (a) Monitoring extinguisher charge levels; (b) Recharging or filling of an extinguisher; and (c) Replacement of an extinguisher which is being repaired with a fully charged, operational extinguisher. (14) Testing of each alarm system by the fire safety officer on a quarterly basis with requirement for maintenance of appropriate documentation. (15) Immediate notification of any fire of significance to Division headquarters. When the fire department is summoned to an institution, the warden or designee shall ensure that Division headquarters' personnel are notified according to the following: (a) The Deputy Commissioner during normal business hours; or (b) The Division duty officer during hours other than those set for normal business. (16) Establishment of a contingency plan, coordinated with all participants, for transferring inmates to alternate facilities under emergency conditions. (17) Mandatory training requirements for each employee to ensure understanding of the fire safety plan. (18) Establishment of a list of support agencies which shall be reviewed and updated annually. D. Each employee acknowledges awareness of the institution fire plan for the employee's place of employment. E. When a fire occurs within an institution and the estimate of damage exceeds $1,000, the warden submits a written report to the Division fire safety officer within 5 working days. F. Each inmate is made aware of the institution's fire response plan for inmates. #### Regulation .04 Conduct of Fire Drills. *COMAR 12.02.05.04* A. The Commissioner shall ensure that during a fire drill an entire inmate population is not evacuated at one time. Sections of an institution may be evacuated to other sections of the institution. B. Each warden may simulate fire drill evacuations under conditions in which evacuation would not jeopardize institutional safety and control. #### Regulation .05 Vehicle Safety and Preventive Maintenance. *COMAR 12.02.05.05* A. The Commissioner shall ensure that Division guidelines for establishment of a vehicle safety program are based on requirements contained in the following: (1) Maryland State Vehicle Fleet Policies and Procedures as published by the Department of Budget and Fiscal Planning; and (2) The Governor's State Fleet Safety Committee Handbook. B. The Commissioner shall ensure that: (1) A fleet safety coordinator is designated for each institution having a vehicle assigned to it; (2) Each fleet safety coordinator implements requirements included within the Governor's State Fleet Safety Committee Handbook. C. The Commissioner shall ensure that each warden establishes a preventive maintenance program for each vehicle. ### Chapter 06 — Inmate Commitment **Authority:** Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR) **Administrative History:** Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806) **Administrative History:** Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR **Administrative History:** Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806) **Administrative History:** Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806) **Administrative History:** Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841) **Administrative History:** Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806) **Administrative History:** Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR **Administrative History:** Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806) **Administrative History:** Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR **Administrative History:** Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806) **Administrative History:** Chapter revised effective October 14, 2002 (29:20 Md. R. 1590) **Administrative History:** Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300) **Administrative History:** Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700) **Administrative History:** Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009 **Administrative History:** Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592) #### Regulation .01 Definitions. *COMAR 12.02.06.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Adjustment proceeding” means a formal or informal disciplinary and appeal process used by a correctional facility to determine if an inmate has committed a violation of the facility rules. (2) “Case Management team” means a group of correctional staff under COMAR 12.02.24.02. (3) “Commissioner” means the Commissioner of Correction or a designee. (4) “Diminution credit” means a day-for-day reduction of an inmate's term of confinement under Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland. (5) “Division” means the Division of Correction. (6) “Drug crime” means a violation under: (a) Criminal Law Article, §5-621, Annotated Code of Maryland; (b) Criminal Law Article, §5-303(d), Annotated Code of Maryland; (c) Criminal Law Article, Title 5, Subtitle 5, Annotated Code of Maryland; (d) Criminal Law Article, §5-602—5-609, Annotated Code of Maryland; (e) Criminal Law Article, §§5-614, 5-617, 5-627, and 5-628, Annotated Code of Maryland; or (f) Criminal Law Article, §1-202, Annotated Code of Maryland, if there is a conspiracy to commit a crime listed in §B(6)(a)—(e) of this regulation. (7) “Education credit” means a diminution credit awarded under Correctional Services Article, §3-706, Annotated Code of Maryland. (8) “Good conduct credit” means a diminution credit awarded under Correctional Services Article, §3-704, Annotated Code of Maryland. (9) “Incarceration” means confinement resulting from a conviction, sentencing, and commitment to the custody of the Commissioner. (10) “Mandatory supervision” means a conditional release from incarceration granted to an inmate under Correctional Services Article, §7-501, Annotated Code of Maryland, which includes a conditional release granted before July 1, 1989, formerly known as “mandatory release”. (11) “Mandatory supervision release date” means the date computed by subtracting the credits which are awarded pursuant to Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland, from the maximum expiration date. (12) “Maximum expiration date” means the date that an inmate's term of confinement expires. (13) “Release by expiration of sentence” means the unconditional release of an inmate: (a) Whose only sentence or sentences are for offenses committed before July 1, 1970, and who has served the term of confinement less the diminution credits awarded under Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland; (b) Who has actually served the day-to-day maximum term of confinement under which the inmate is incarcerated; or (c) Who has served a term of confinement of 12 months or less and is not subject to mandatory supervision. (14) “Release on mandatory supervision” means the conditional release of an inmate under the Correctional Services Article, §7-501, Annotated Code of Maryland. (15) “Secretary” has the meaning stated in COMAR 12.01.01.02B(5). (16) “Sentence” means a period of incarceration or supervision imposed by a judge. (17) “Special projects credit” means a diminution credit awarded under Correctional Services Article, §3-707, Annotated Code of Maryland. (18) “Term of confinement” means the period of an inmate's current incarceration. If an inmate is serving a: (a) Single sentence, it is the period of confinement under that sentence; (b) Combination of concurrent sentences, it is the period of confinement between the earliest starting date of those sentences and the latest expiration date of those sentences; (c) Combination of consecutive sentences, it is the period of confinement between the starting date of the first consecutive sentence and the expiration date of the last consecutive sentence; (d) Combination of concurrent and consecutive sentences, it is the period of confinement between the earliest starting date of the sentences and the last expiration date of the sentences; or (e) Combination of sentences imposed before and after release on mandatory supervision or parole and the release on mandatory supervision or parole is revoked, it is the period of confinement between the earliest starting date of the sentences and the latest expiration date of the sentences, excluding time out of custody for which credit is not allowed. (19) “Work tasks credit” means a diminution credit awarded under Correctional Services Article, §3-705, Annotated Code of Maryland. #### Regulation .02 Parole Procedure for Life Sentences. *COMAR 12.02.06.02* A. Under Correctional Services Article, §7-301(d)(2), Annotated Code of Maryland, an inmate who has been sentenced under Criminal Law Article, §2-303, Annotated Code of Maryland, to life imprisonment when the death penalty had been sought for a first degree murder offense which was committed on or after July 1, 1983, is not eligible for parole consideration until the inmate has served 25 years less any diminution of confinement credits. B. According to Correctional Services Article, §7-301(d)(1), Annotated Code of Maryland, other inmates who have been sentenced to life imprisonment are not eligible for parole consideration until they have served 15 years less any diminution of confinement credits. C. If an inmate is serving consecutive life sentences, the inmate is not eligible for parole consideration until the inmate has served the sum of the number of years required by §A or B for each life sentence less any diminution of confinement credits. #### Regulation .03 Diminution of Confinement. *COMAR 12.02.06.03* A. Except as provided in §B of this regulation, this regulation applies to a term of confinement being served by an inmate in the Division. B. This regulation does not apply to an indeterminate sentence for civil contempt. C. Entitlement to Diminution Credit. An inmate is entitled to diminution of the inmate's term of confinement subject to Correctional Services Article, §3-711 and Title 7, Subtitle 5, Annotated Code of Maryland, from: (1) The date of sentencing to the custody of the Commissioner; or (2) If first serving a concurrent Maryland sentence in a foreign jurisdiction and later transferred to the custody of the Commissioner, the date the inmate is received into the physical custody of the Commissioner. D. Local Jail Credit. Diminution credit awarded under the Correctional Services Article, §§11-503—11-507, Annotated Code of Maryland, to an inmate who is later transferred to the custody of the Commissioner and properly documented by a local detention facility, shall be applied to the inmate's term of confinement. #### Regulation .04 Application of Diminution Credits. *COMAR 12.02.06.04* A. Diminution credit may be awarded under Correctional Services Article, §§3-703—3-707, Annotated Code of Maryland, in one or more of the following categories: (1) Good conduct; (2) Work tasks; (3) Education; or (4) Special projects. B. Good Conduct Credit. (1) An inmate shall be awarded an initial deduction from the inmate's term of confinement, subject to the inmate's future good conduct. (2) A deduction under this subsection may not be awarded for a period during which an inmate does not receive credit for service of the inmate's term of confinement including a period: (a) During which an inmate's sentence is stayed; (b) During which the inmate has escaped; or (c) For which the Maryland Parole Commission has declined to grant credit after revocation of parole or mandatory supervision. C. Work Tasks Credit. An inmate may be awarded a deduction from the inmate's term of confinement for satisfactory performance of work tasks assigned to the inmate. D. Education Credit. An inmate may be awarded a deduction from the inmate's term of confinement for satisfactory industry, application, and progress in education programs. E. Special Projects Credit. (1) The Commissioner, with the approval of the Secretary and based on the Division's current policy and procedure, may establish a list of assignments and programs that qualify for special projects credit which include, but need not be limited to, the following: (a) Prison industry assignments; (b) Education programs; (c) Work details; (d) Work release employment; or (e) Rehabilitation programs including, but not limited to, programs addressing: (i) Substance abuse; and (ii) Criminal behavior. (2) Special projects credit awarded by a local detention center, between the date an inmate is sentenced to the custody of the Commissioner and the date the inmate is transferred to the Division, shall qualify as special projects credit. F. Special Projects Credit for Housing. (1) Except as provided in §F(3) of this regulation, an inmate may be awarded special projects credit for housing under Correctional Services Article, §3-707, Annotated Code of Maryland, if the inmate is: (a) Assigned to a cell containing two beds and is not serving a period of disciplinary segregation; or (b) Housed in a dormitory or dormitory-type housing and the housing area where the inmate is confined does not provide 55 square feet of living space per inmate, exclusive of dayrooms, toilets, and showers. (2) An inmate may be awarded a maximum of five special projects credits for housing for each calendar month, and on a prorated basis for any portion of a calendar month, beginning on a date and ending on a date the Secretary determines appropriate, based on the demand for inmate housing and services in the Division, subject to §§F(3) and G of this regulation. (3) An inmate may not be awarded special projects credit under this section during the inmate's term of confinement if the inmate is serving a term of confinement that includes a: (a) Sentence for: (i) Abduction; (ii) Arson in the first degree; (iii) Carjacking or armed carjacking; (iv) Kidnapping; (v) Manslaughter, except involuntary manslaughter; (vi) Mayhem and maiming, as previously proscribed under Article 27, §§384—386, Annotated Code of Maryland; (vii) Murder or attempted murder; (viii) Use of a handgun in the commission of a felony or other crime of violence; (ix) Child abuse, abuse or neglect of a vulnerable adult, or child sale, barter, or trade under Criminal Law Article, §3-601, 3-602, or 3-603, Annotated Code of Maryland; (x) Assault on a Division inmate or employee under Criminal Law Article, §3-205, Annotated Code of Maryland; (xi) A drug crime; (xii) An offense which would cause the offender to be defined as a child sexual offender, offender, sexually violent offender, or sexually violent predator under Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland; or (xiii) A crime committed on or after July 1, 2007. (b) Mandatory sentence for the commission of a felony; or (c) Sentence as a repeat offender under Criminal Law Article, §14-101, Annotated Code of Maryland. (4) This section may not be interpreted, understood, or construed to mean that an inmate who is eligible to receive the credits described in this section has a right to these credits or that an inmate will continue to receive these credits in the future. G. An inmate may not be awarded more than 20 diminution credits for a calendar month. #### Regulation .05 Revocation of Diminution Credit. *COMAR 12.02.06.05* A. Diminution credits awarded for participation in education programs may not be revoked under any circumstances. B. Good conduct credit and special projects credit may be revoked as the result of an adjustment proceeding. C. The Commissioner shall revoke all special projects credit for housing awarded under Regulation .04F of this chapter if, within 60 days before an inmate's release on mandatory supervision, the inmate is found guilty of an institutional rule violation for: (1) Assault; (2) Possession of: (a) A weapon or any other article which has been modified into a weapon; (b) An implement which could be reasonably used to perpetrate an escape; (c) A controlled dangerous substance or any intoxicating substance; (d) Unauthorized medication; (e) Stolen property; or (f) Cash, checks, or money orders in excess of the amount authorized under procedures established by the institution where the inmate is housed; (3) Escape; or (4) Attempted escape. D. Credit revoked under this section may be restored under Regulation .06 of this chapter. #### Regulation .06 Restoration of Revoked Diminution Credit. *COMAR 12.02.06.06* A. Except under §C of this regulation, upon the recommendation of case management staff, a warden may restore diminution credit revoked during the current incarceration. B. Case management staff may recommend restoration of revoked diminution credit for an inmate who: (1) Has no guilty finding for an inmate rule violation in the preceding 6 months; (2) Is not serving a period of disciplinary segregation; (3) Has not been in disciplinary segregation in the preceding 6 months; (4) With the application of the maximum amount of restored diminution credit, is within 12 months of release; and (5) Has: (a) Not received prior consideration for restoration of diminution credit during the current term of confinement; or (b) Received prior consideration for restoration of diminution credit where, as part of that consideration, a condition was imposed that the inmate was required to meet before a second consideration to restore revoked diminution credit would be given under this regulation. C. Refusal to Submit to Medical Testing or Provide a DNA Sample. (1) A warden may restore, with a recommendation from case management staff, diminution credit revoked for an inmate's refusal to: (a) Submit to a medical test affecting the public health or facility security; or (b) Provide a DNA sample. (2) Before a warden restores diminution credit revoked for refusing to submit to medical testing or provide a DNA sample, a warden shall verify that the inmate has submitted to the required medical test or provided the DNA sample. D. An inmate has no entitlement to approval of restoration of revoked credit. #### Regulation .07 Establishing a Diminution of Confinement Record. *COMAR 12.02.06.07* A. The Commissioner shall maintain a system for administering the diminution of confinement for each inmate. B. A diminution of confinement record shall: (1) Be established on the date that an inmate is received into the custody of the Commissioner; (2) Contain entries reflecting all diminution credits awarded, revoked, or restored; and (3) Reflect a current and accurate record of diminution credit affecting an inmate's term of confinement. C. The Commissioner shall ensure that staff responsible for maintaining the diminution of confinement record are notified within 5 days of: (1) The date of an inmate's assignment to and subsequent removal from: (a) A work assignment; (b) An education program; or (c) A special project; (2) Revocation of an inmate's good conduct or special projects credit, or both; and (3) The warden's approval to restore an inmate's revoked diminution credit. #### Regulation .08 Notification of Release. *COMAR 12.02.06.08* Before release of an inmate for mandatory supervision or expiration of sentence, the commitment office supervisor, or a designee, shall notify the victim of the crime for which the inmate was incarcerated, if the victim has filed a written request for notification. ### Chapter 07 — Case Management Process **Authority:** Correctional Services Article, §§2-109(c), 3-601, and 3-603, Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulations .02, .03, and .05 amended as an emergency provision effective July 30, 1991 (18:17 Md. R. 1912); emergency status extended at 18:26 Md. R. 2828; emergency status expired February 28, 1992; amended permanently effective March 30, 1992 (19:6 Md. R. 675) **Administrative History:** Regulations .01—.05 amended effective June 17, 1996 (23:12 Md. R. 872) #### Regulation .01 Definitions. *COMAR 12.02.07.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “CARC” means a community adult rehabilitation center established under Correctional Services Article, Title 11, Subtitle 3, Annotated Code of Maryland, and COMAR 12.02.03. (2) “Commissioner” means Commissioner of the Division of Correction, or designee. (3) “Confidential material” means: (a) Addresses and telephone numbers on victim impact letters; (b) Police reports; (c) Juvenile records; (d) Presentence investigations; (e) Psychological reports, psychiatric evaluations, evaluation reports, and social histories; (f) Parole progress file; and (g) Correspondence relating to therapy. (4) “Division” means Division of Correction. (5) “Escape” means a documented incident of unauthorized absence from lawful confinement or custody, except for an inmate on work release, or an inmate assigned to the central home detention unit who is convicted solely of unauthorized absence or being out of bounds. (6) “G housing identifier” means that the inmate has been reviewed for placement in the general population and is considered suitable for double-celling or dormitory housing. (7) Inmate Records. (a) “Inmate records” means the written information that is assembled, maintained, and used in accordance with the provisions of Correctional Services Article, §§3-601—3-608, Annotated Code of Maryland. (b) “Inmate records” includes: (i) Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed for that conviction; (ii) The inmate's prior criminal and juvenile history, and relevant records concerning it; (iii) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate; (iv) School records; (v) Information concerning the inmate's prior medical and mental health history, including relevant medical and hospital records and reports; and (vi) Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history. (c) “Inmate records” does not mean separate Division records maintained by the mental health and health services units. (8) “MAP” means mutual agreement programming which is a process of negotiating agreements among an inmate, the Maryland Parole Commission, and the Division. (9) “S housing identifier” means that special factors preclude the inmate's assignment to the general population and require single-celling. Special factors include a history of the following: (a) Aggressive behavior; (b) Medical problems; (c) Mental health problems; or (d) Victimization by other inmates. #### Regulation .02 Case Management Procedure. *COMAR 12.02.07.02* A. In classifying an inmate committed to its custody, the Division uses a review in accordance with Correctional Services Article, §9-305, Annotated Code of Maryland, which requires: (1) The consideration of case information; and (2) An administrative process. B. Case management team membership, when team action is required, shall be comprised of staff approved by the Commissioner. C. An inmate who escapes from, or while assigned to, a minimum or prerelease security facility shall, upon return, be housed within a medium security facility without case management action. D. An inmate with a sentence of life or death shall be initially classified to not less than the maximum security level. E. An inmate received into the Division with a sentence of 1 year or less for a nonviolent offense, absent documentation to the contrary, shall be classified to the minimum security level or the prerelease security level. F. The Commissioner shall designate which actions shall be reviewed by case management staff. G. An inmate may pursue informal remedy of complaints regarding a case management action or formal remedy by writing to the Inmate Grievance Office. H. The warden shall ensure that the parties concerned in the case management process understand that: (1) Reclassification does not imply that a change will occur, but rather, serves as a means of systematically monitoring progress; and (2) Simply achieving a score which makes an inmate eligible for a change does not guarantee or imply that a change will occur. I. Notwithstanding the provisions of this or any other regulation and consistent with the law, the Commissioner, and those the Commissioner authorizes, have the discretion to modify, suspend, or terminate for any reason the process described in this regulation. Similarly, the Commissioner or the Commissioner's representatives retain the discretion to modify the classification and assignment of any inmate at any time for any reason. #### Regulation .03 Case Management Approval Process. *COMAR 12.02.07.03* A. The assigned case management specialist shall prepare the appropriate form to consider the actions designated in this regulation and submit the completed form for team or administrative review. B. A reviewing supervisor or members of a team shall: (1) Review the completed form; (2) Record their recommendations and rationales; (3) Sign the form; (4) Check the box provided on the form to reflect their personal concurrence or nonconcurrence with the recommended action; (5) If nonconcurring, record in the space provided a brief supporting rationale; (6) Ensure compliance with a written request from a crime victim to read a victim impact statement at a case management hearing at which an inmate is considered for: (a) Family leave, (b) Special leave, and (c) Home detention; and (7) Forward the form to the warden or designee for review. C. The warden shall review a case management action which, by law or Division directive, requires the warden's personal review. D. The warden shall review a case management recommendation in §C of this regulation and: (1) Approve the recommendation; or (2) With a written rationale: (a) Disapprove the recommendation, (b) Order further proceedings, or (c) Make an independent decision different from the recommendation of case management staff. E. The warden of the Maryland Reception, Diagnostic, and Classification Center may substitute another institution of the same security level of the institution recommended by case management staff for an inmate's initial placement. F. The Commissioner shall encourage each warden to review personally all case management recommendations, but with the exception of the specific case management action in §C of this regulation, may delegate them to a designee who shall review and: (1) Approve the recommendation; or (2) With a written rationale: (a) Disapprove the recommendation, (b) Order further proceedings, or (c) Make an independent decision different from the recommendation of case management staff. G. A warden or, as permitted, a warden's designee shall sign and date the appropriate case management form in the spaces provided and return it to the inmate's assigned case management specialist for further processing. H. The following case management recommendations which have been approved by a warden shall be submitted to the Commissioner: (1) Family leave; (2) Special leave; (3) Interstate Corrections Compact transfer; (4) MAP requirement; (5) Case management staff recommendation regarding contractual transfer to the Federal Bureau of Prisons, regardless of the nature of the staff's or the warden's recommendation; and (6) Assignment to the home detention program. I. The Commissioner shall review a case management recommendation in §H of this regulation and: (1) Approve the recommendation; or (2) With a written rationale: (a) Disapprove the recommendation, (b) Order further proceedings, or (c) Make an independent decision different from the recommendation of the warden. J. The Commissioner shall ensure that the assigned case management staff shall: (1) Notify the inmate of the final result of action required by this regulation; (2) Distribute the required form; and (3) Ensure that the final result is recorded on the inmate institutional progress sheet, along with the date of the final action. K. The Commissioner shall ensure that: (1) An employee involved in the case management process is trained in the use of this regulation; (2) A review of this regulation is provided to a newly received inmate as part of orientation; and (3) An authorized terminal operator enters complete and accurate data after each initial security designation and security reclassification. #### Regulation .04 Access to Records. *COMAR 12.02.07.04* A. The Division shall compile and maintain a complete record and history of an inmate. B. The Division shall also record a full and accurate description of an inmate committed to it, including photographs. C. The Division shall seek the cooperation of State and local officials and agencies in order to obtain required information. Division staff shall promptly request the information, records, and reports from these officials to ensure that this section is complied with. D. A warden may grant access to an inmate's records, except for a presentence investigation, without a written request, to: (1) A provider of medical services, if the record is necessary to assure medical care; (2) The inmate's attorney; (3) An individual authorized by court order; (4) An individual authorized by law; (5) A Maryland judge; and (6) A State's attorney. E. A warden may grant access to an inmate's records, except for a presentence investigation, with a written request, to an: (1) Employee of a State department or agency if the request is in the furtherance of the employee's lawful duties; (2) Employee of a State, federal, or local law enforcement agency, if the request is in the furtherance of the employee's lawful duties; and (3) Inmate or individual who has the written authorization of the inmate. F. The Commissioner shall ensure that before granting access to an individual identified in §§D and E of this regulation, except a Maryland judge or a State's attorney, a warden shall also be satisfied that the records: (1) Shall be used only for legitimate purposes of the individual or agency receiving them and not for an improper or unauthorized purpose; and (2) May not be further disseminated to an individual or agency not authorized to receive them. G. The Commissioner shall ensure that a warden grants access to an inmate's presentence investigation, upon request, to the inmate's attorney or to a State's attorney. The Commissioner shall ensure that a warden denies other requests for access to an inmate's presentence investigation unless the access is specifically granted by a court order or the access is requested for the use of a correctional institution. H. The Commissioner shall ensure that: (1) Records are reviewed in the presence of an institutional employee; (2) A charge authorized by law is made for all photocopies provided; and (3) A log containing the following is maintained: (a) Date of review, (b) Name of inmate, (c) Commitment number of the inmate, (d) Name of the person requesting access, (e) Reason for the request, and (f) Warden's signature for each approved request for access to inmate records. I. Attorney Access to Base File Information. (1) An attorney shall provide the Commissioner with a minimum of 24 hours notice in writing. A specific reason for the request shall be stated by the attorney. Merely noting “legal” is insufficient. (2) Before review, the attorney shall provide the warden with an authorization for release of records form signed by the inmate. (3) The Commissioner shall ensure that an attorney is required to show proper identification before access is permitted. (4) An attorney may review only those records for which the request has been made in accordance with this regulation. (5) If the records are to be reviewed by an employee or agent of the attorney, the Commissioner shall ensure that proper identification accompanies the employee and can be produced upon request. (6) Records shall be reviewed in the presence of an institutional employee. (7) Medical records which are the property of the Division are maintained by an outside medical provider. A request for these records shall be made in writing directly to the medical provider. J. Inmate Access to Base File Information. (1) An inmate may obtain access to base file information in accordance with procedures described in this section. (2) A request for records review shall be submitted in writing to the warden and an acknowledgement of a request received shall be sent to the inmate. (3) A review shall be scheduled within a reasonable time and conducted in the presence of Division staff. (4) The name of an inmate shall be placed on a list maintained by the records department for inmates requesting file review. (5) Records department personnel shall schedule records review. (6) The records department shall ensure that material to which an inmate may not have access is removed. (7) An inmate shall be permitted to review the inmate's base file once every 6 months, unless additional reviews are approved by the warden. K. Inmate Access to Confidential Psychological Information. (1) An inmate may obtain access to confidential psychological information in the inmate's base file in accordance with procedures described in this section. (2) An inmate shall send a written request for access to the warden. (3) A warden shall review a request with the appropriate psychology staff and decide if access may be granted. (4) Access to psychological information may be denied by the warden if, in the opinion of the psychology staff, access to this information is psychologically contraindicated. (5) If access is denied, the warden shall ensure that a summary of the records that are compatible with the inmate's current level of functioning shall be prepared and made available. L. Fees. (1) The custodian of records shall collect a fee for copying and a fee for preparation of the materials from the requesting party. However, the custodian may not levy a preparation fee for the first 2 hours of official employee time that is needed to respond to a request. Copying and preparation fees shall be posted in the records department. (2) A charge may not be made if the total amount of the fee is $1 or less. (3) The Commissioner may waive the fee if the waiver is in the public interest. (4) Photocopying will be done only after normal procedures have been followed for withdrawing money from the inmate's financial account or, in the case of outside parties, upon satisfactory arrangements for payment by the requesting party. M. Appeals. (1) If permission for access is granted, the records shall be reviewed in the presence of Division personnel. A record of this review shall be placed in the inmate's base file by records department personnel. (2) If permission is denied, the person making the request shall be notified in writing. This notification shall be made part of the inmate's base file. An appeal of the warden's decision to deny access may be made to the office of the Commissioner. The Commissioner shall make a final determination on the request in accordance with COMAR 12.11.02.11. #### Regulation .05 Request for Inactive Inmate Records Maintained at the State Records Center. *COMAR 12.02.07.05* A. A case management manager, supervisor, or designee shall ensure that a reference request form is prepared when an inmate's records are requested from the State Records Center. B. A case management manager, supervisor, or designee shall notify the State Records Center of the records which are needed for review and obtain the records at the State Records Center, Waterloo, Maryland. C. When the records are no longer needed, the case management manager, supervisor, or designee shall return the record to the State Records Center. ### Chapter 08 — Custody and Security **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Definitions. *COMAR 12.02.08.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Adverse job action” means a disruption to the normal operational order of the institution by concerted action or inaction of an institution's employees. (2) “Disturbance” means a situation which disrupts the normal operational order of an institution, and for which the assistance of additional off-duty staff may be required. (3) “Division” means Division of Correction. (4) “Major emergency” means a situation occurring within a facility or on surrounding State property under the jurisdiction of the Division requiring the deployment of resources internal or external to save lives, protect property and public safety, or to avert or lessen the severity of the situation. An emergency condition exists if the situation poses a severe threat to maintaining the desired level of security and safety of those inside. (5) “Maximum security” means the second highest security level which provides secure housing for an inmate who: (a) Poses a high risk of violence; (b) Is a significant escape risk; (c) Has a history of serious institutional disciplinary problems; or (d) Is likely to have serious disciplinary problems. (6) “Medium security” means the third highest security level which provides housing for an inmate who: (a) Poses some risk of violence; (b) Is a moderate escape risk; or (c) Has a limited history of institutional disciplinary problems. (7) “Minimum security” means the next to lowest security level which provides housing for an inmate who: (a) Poses less risk of violence; (b) Poses less risk of escape; or (c) Has a minimal history of disciplinary problems. (8) “Perimeter” means the wall or fence surrounding an institution. (9) “Prerelease security” means the lowest security level which provides housing for an inmate who: (a) Presents the least risk of violence; (b) Presents the least risk of escape; and (c) Has a record of satisfactory institutional behavior. (10) “Security”means an institution's physical features which help control inmate behavior and prevent escape. (11) “Super maximum security” means the highest security level. A super maximum security institution provides secure housing within a secure perimeter. Features include single-celling, extremely limited institutional movement, constant observation, and limited inmate-to-staff and inmate-to-inmate contact to control the behavior of an inmate who has demonstrated an inability to be housed in an institution of lesser security. #### Regulation .02 Security Levels. *COMAR 12.02.08.02* A. A super maximum security institution provides the highest level of secure housing within a secure perimeter for an inmate who: (1) Poses a high risk of violence; (2) Is a significant escape risk; (3) Has a history of serious institutional disciplinary problems or is likely to have serious disciplinary problems; and (4) Has demonstrated an inability to be housed in an institution of lesser security. B. A maximum security institution provides secure housing within a secure perimeter to control the behavior of an inmate who: (1) Poses a high risk of violence; (2) Is a significant escape risk; (3) Has a history of serious institutional disciplinary problems; or (4) Is likely to have serious disciplinary problems. C. A medium security institution provides secure housing within a secure perimeter for an inmate who: (1) Poses some risk of violence; (2) Is a moderate escape risk; or (3) Has a limited history of institutional disciplinary problems. D. A minimum security institution has fewer security features for an inmate who: (1) Poses less risk of violence; (2) Poses less risk of escape; or (3) Has a minimal history of disciplinary problems. E. A prerelease security institution has the security features for an inmate who: (1) Presents the least risk of violence; (2) Presents the least risk of escape; and (3) Has a record of satisfactory institutional behavior. F. The assignment of an inmate to a security level is based on the following three principles: (1) An inmate is assigned to the appropriate security level necessary to control the inmate's behavior; (2) Security may not be increased as a means of punishment; and (3) Assignment of a security level is based on objective behavior-oriented factors. G. The following factors relate to the physical configuration of an institution and are used to establish security levels: (1) The number and type of perimeter barriers; (2) Existence and period of operation of gun towers; (3) Use of external perimeter patrols; (4) Use of detection devices; and (5) Housing configuration of the institution. H. The following factors relate to the degree of staff supervision of an inmate: (1) Level of observation; (2) Day movement; (3) Night movement; (4) Meal movement; (5) Access to jobs and programs; (6) Institutional visits; (7) Transportation; and (8) Special, compassionate, or family leaves. I. The Commissioner shall ensure that when a group of maximum or medium security level inmates are being transported, the shift commander: (1) Ensures that the inmates are transported in a secured vehicle; (2) Determines the number of correctional officers assigned to escort duty and authorizes the appropriate weapons to be carried; (3) Assigns to escort duty at least one correctional officer of the same sex as the inmates being transported; and (4) If minimum or prerelease security level inmates are included in the group, ensures that they are restrained in the same manner as the maximum or medium security level inmates. J. If a group of minimum or prerelease level inmates are being transported, the shift commander may transport them without restraints by on-duty staff other than correctional officers. K. The Commissioner shall ensure that correctional officers assigned to escort duty: (1) Are qualified in the use of firearms, trained and experienced in transporting inmates, familiar with good security practices, and have appropriate vehicle operators' permits; (2) Provide supervision to a probationary correctional officer who is assigned to escort duty; (3) Obtain from the institutional control center an escort I.D. card for an inmate to be transported, and return the card to the institution control center when the inmate is returned to the institution; (4) Ensure that restraint devices remain on an inmate while in a courtroom unless the presiding judge or magistrate orders otherwise; (5) While escorting an inmate being treated or admitted to outside medical facilities: (a) Notify medical facility security personnel when an inmate arrives at a medical facility, (b) Ensure that restraint devices remain on an inmate while in a medical facility, unless a health care provider, due to medical circumstances, directs otherwise, (c) Maintain an inmate in view at all times, unless an inmate's medical treatment makes this impossible, in which case the officer shall assume a position as close to the inmate as possible, (d) Ensure that an inmate receives only items which have been approved by Division or medical facility staff, (e) Ensure that an inmate is allowed to make a telephone call only when the warden or designee has granted specific written permission, (f) Ensure that any visit the inmate receives is in accordance with COMAR 12.02.16, institutional directives, and medical facility policies, (g) Ensure that an inmate is allowed only in an authorized area of a medical facility, (h) Ensure that an inmate does not receive personal visitors, and (i) Obtain a written receipt for an inmate who is left in the custody of a law enforcement or other authorized agency. #### Regulation .03 Emergency Preparedness Program. *COMAR 12.02.08.03* A. The Commissioner shall develop and implement an emergency preparedness program for major emergencies which may affect the safety and security of a facility. The program shall include procedures for the following: (1) Establishment of command responsibility; (2) Isolation, containment, and control of the emergency situation; and (3) Reestablishment to normal operational order following resolution of the emergency situation. B. An emergency preparedness program shall ensure the personal safety for each of the following: (1) Visitors; (2) Civilian and security staff; and (3) Inmates. C. The Commissioner shall ensure that a major emergency included within the emergency preparedness plan is documented in accordance with Division regulations. D. The Commissioner shall ensure that emergency preparedness program plans are coordinated with, and communicated to, allied agencies which may be called upon for assistance during institutional emergency conditions. E. The Commissioner shall ensure staff awareness of emergency preparedness programs. ### Chapter 09 — Medical Services **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Definitions. *COMAR 12.02.09.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Abortion” means spontaneous or induced termination of pregnancy. (2) “Commissioner” means Commissioner of the Division of Correction or designee. (3) “Director” means Director, Health and Mental Health Services of the Division. (4) “Division” means Division of Correction. (5) “Involuntary admission” means admission of an inmate to a psychiatric hospital other than voluntarily. (6) “Medical parole” means a parole granted to an inmate because of a diagnosed serious medical condition. (7) “Parole” means a conditional early release of an inmate from the Division of Correction. (8) “Postnatal care” means the necessary intervention affording health care and support to the infant. (9) “Postpartum care” means the necessary intervention affording health care and support to a recently delivered mother. (10) “Pregnancy” means the gestational process of growth and development within a woman of a new individual from conception through the embryonic and fetal periods to birth. (11) “Prenatal care” means the necessary intervention affording health care both to the woman and to the fetus during pregnancy and before birth. (12) “Terminal” means ending in death. #### Regulation .02 Inmate Pregnancy. *COMAR 12.02.09.02* A. Assessment and Treatment. (1) The health services provider shall provide a complete history, physical examination, and definitive laboratory test to determine pregnancy when requested by: (a) The inmate; (b) Medical staff; or (c) The warden. (2) Prenatal and postpartum care shall be provided in accordance with acceptable health services standards to include: (a) Regular appointments with an accredited obstetrical clinic; (b) Medications as necessary; and (c) Patient education. B. The Commissioner shall ensure that standards are developed to address: (1) Prenatal care; (2) Postnatal care; (3) Postpartum care; (4) Abortion; (5) Hospital admission; (6) Disposition of the child in accordance with Correctional Services Article, §9-601, Annotated Code of Maryland; and (7) Executive clemency. #### Regulation .03 Involuntary Admission of an Inmate to a Psychiatric Hospital. *COMAR 12.02.09.03* A. The warden shall: (1) Ensure that an admission to a mental hospital is limited to a Maryland Department of Health psychiatric hospital; and (2) Comply with the requirements for an involuntary admission under Health-General Article, §§10-613—10-617, Annotated Code of Maryland. B. A Division institution transferring an inmate shall provide the Maryland Department of Health psychiatric hospital with the following information: (1) Current condition of inmate; (2) The inmate's medical and psychiatric history; (3) Circumstances threatening the life or safety of the inmate or others; and (4) Current medication and other treatment being provided to the inmate. C. A Division institution that transfers an inmate to a Maryland Department of Health psychiatric hospital shall pick up and return the inmate to the Division institution following notification by the Maryland Department of Health psychiatric hospital that the inmate is ready to be discharged from the hospital. D. The Commissioner shall develop directives to standardize operations of a Division mental health unit. #### Regulation .04 Medical Parole. *COMAR 12.02.09.04* Criteria for medical parole consideration include all of the following: A. The inmate is imminently terminal or has a condition which would indicate that continued imprisonment would serve no useful purpose. An example of the latter would be an irreversible coma. B. The inmate's release would not unduly jeopardize public safety. #### Regulation .05 Contents of Medical Parole Request. *COMAR 12.02.09.05* A. A warden shall ensure that all documents forming the basis for a medical parole request are submitted to the Parole Commission through the Division Director and the Commissioner. Upon approval, the Commissioner shall forward a recommendation for medical parole to the Parole Commissioner for consideration. B. To initiate consideration for a medical parole, a warden shall send a summary of an inmate's incarceration record since admission or last parole consideration to the Division Director. The summary shall include the following: (1) History of program participation; (2) Special housing requirements; (3) Statement by the attending physician which includes: (a) Diagnosis, (b) Prognosis, (c) Inpatient or outpatient status, and (d) Criteria justification; and (4) Statement by the warden which includes: (a) A recommendation to either approve or disapprove the medical parole request, (b) The reasons for the recommendation, in §B(4)(a), and (c) An aftercare treatment plan for the inmate. C. The Commissioner may reject a recommendation for medical parole which has been submitted by the Director. The Commissioner's decision to deny a medical parole is final. #### Regulation .06 Medical Treatment of Inmates While on Work Release, Leave, or Escape. *COMAR 12.02.09.06* A. The Division is financially responsible for treatment of injury or illness sustained by an inmate while on unescorted family leave, work release, unescorted special leave, or in an escape status. B. Emergency medical treatment shall be provided to Division inmates by a community hospital. C. Invoices for services provided shall be submitted to the Division health services contractor. D. Nonemergency treatment shall be rendered by the Division health services provider. ### Chapter 10 — Chaplaincy Services Program *Repealed — see COMAR 12.03.02* **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulation .01F amended effective July 31, 1995 (22:15 Md. R. 1120) **Administrative History:** Chapter repealed effective March 12, 2018 (45:5 Md. R. 286) ### Chapter 11 — Inmate Recreational Programs **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Recreation Program. *COMAR 12.02.11.01* A. The Commissioner shall develop, implement, and maintain a recreational program for the inmate population. B. The Commissioner shall ensure that an inmate is given the opportunity to participate in as many recreational activities as possible, considering institutional security and control needs. C. A volunteer may be used at each institution for the recreational program, under the supervision of recreation staff, and in conjunction with the volunteer services program requirements and security regulations. D. The Commissioner may develop procedures for inmate participation in a community league when consistent with established Division policy and security requirements. E. A staff member involved with an inmate recreation program may consult with a community-based interest group to provide liaison service for a program, and to ensure community and institutional interaction. ### Chapter 12 — Work Release **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675) **Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675) **Administrative History:** Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675) **Administrative History:** Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675) **Administrative History:** Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675) #### Regulation .01 Purpose. *COMAR 12.02.12.01* A. The Division shall establish a work release program for an eligible inmate who can safely be allowed to enter the community unescorted with minimum risk to public safety. B. Work release is a privilege which may be granted to an eligible inmate in order to: (1) Provide an inmate with the opportunity to demonstrate the ability to function in the community in preparation for eventual release; (2) Complement the educational and vocational training obtained within the Division; (3) Enable the inmate to meet the following types of financial obligations: (a) Room, (b) Board, (c) Transportation costs, (d) Clothing, (e) Support payments for dependents, and (f) Victim restitution; (4) Provide an inmate with the opportunity to gain work experience and develop positive work habits; (5) Enable an inmate to attend school. #### Regulation .02 Definitions. *COMAR 12.02.12.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Case information” means any information about the inmate which is contained in the inmate's Division base file. (2) “Commissioner” means the Commissioner of the Division of Correction. (3) “Division” means Division of Correction. (4) “Estimated release date” means: (a) For inmates serving sentences other than life, the mandatory supervision release date, expiration of sentence date, MAP release date, delayed parole release date, or any scheduled parole hearing date that is likely to result in approval for parole; (b) For inmates serving life sentences, a scheduled parole rehearing date that was established at a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release; (c) For inmates serving a life sentence with all but a portion of the sentence suspended, either a date as defined in §B(4)(b) of this regulation or a mandatory supervision release date. (5) “Job check” means an investigation of a work release job to determine if the inmate and the employer are adhering to the requirements of the work release program and that the inmate is satisfactorily adjusting to the demands of the job. #### Regulation .03 Eligibility Criteria. *COMAR 12.02.12.03* A. The Commissioner or designee may specify certain treatment and educational programs that an inmate is required to complete before becoming eligible for work release. These programmatic requirements shall ensure that an inmate's needs are addressed before an inmate begins work release. B. Inmates serving sentences of life without parole are not eligible for work release at any time during their sentence. C. Inmates serving life sentences other than life without parole may be considered for work release if the: (1) Inmates are eligible for parole consideration under Correctional Services Article, §7-301, Annotated Code of Maryland. This section requires the inmate to serve 15 years less credits earned under Criminal Procedure Article, §6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland. (2) Death penalty was sought by the State in the inmate's prosecution but not imposed. The inmate shall serve 25 years less credits earned under Criminal Procedure Article, §6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland, before the inmate may be considered for work release. (3) Inmate had a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release. (4) Parole Commission has scheduled a parole rehearing date at the same time the Parole Commission explicitly recommended work release. (5) Inmate meets all the eligibility criteria listed in §D(1), (2), and (3) of this regulation. D. Exception. If incarcerated solely for contempt of court as a result of failure to pay court-ordered support payments, an inmate shall meet the following criteria to be eligible for work release: (1) Be not more than 12 months from an estimated release; (2) Achieve the prerelease security level in accordance with the provisions of Division Regulation 100-1; and (3) Demonstrate positive adjustment for a minimum of 30 days at the prerelease security level. E. An inmate incarcerated solely for contempt of court as a result of failure to pay court-ordered support for dependents shall be eligible for work release when the inmate meets the following requirements: (1) Achieves the prerelease security level in accordance with the requirements of Division Regulation 100-1; and (2) Demonstrates positive adjustment for a minimum of 30 days. F. An inmate who is initially classified to prerelease security, who meets the eligibility requirements for home detention, and is approved by the Commissioner shall be considered eligible for work release status effective on the date of the Commissioner's approval for home detention placement. #### Regulation .04 Approving Inmates for Work Release. *COMAR 12.02.12.04* A. When considering an inmate for work release, a warden and each classification team member shall determine if the inmate meets eligibility criteria, and give consideration to each of the following: (1) Inmate's potential threat to public safety; (2) Community's perception of the work release program; (3) Inmate's institutional adjustment; and (4) Inmate's previous participation in institutional programs. B. An inmate's application for work release shall include a listing of all work release rules and a signed statement by the inmate agreeing to abide by those rules. The application shall also contain an authorization by the inmate to release case information about the inmate to work release employers. C. In order for an inmate to be approved for work release, the: (1) Assigned counselor shall verify that the inmate meets the eligibility criteria; (2) Inmate's application shall be reviewed and approved by a classification team; (3) Warden shall approve the application; and (4) Commissioner or designee shall approve the application. #### Regulation .05 Placement of an Inmate on Work Release. *COMAR 12.02.12.05* A. The warden shall ensure that a participating inmate be given an orientation which explains the rules and regulations of the work release program to an inmate before an inmate's placement on a job. B. A work release counselor shall assist an inmate in the development of employment opportunities and placement on a job which is consistent with an inmate's individual and program goals. C. A counselor shall evaluate the legitimacy of each job opportunity before placement of an inmate, and shall also evaluate the integrity of the potential employer. D. The Commissioner or a warden may establish a list of unacceptable employment conditions for work release jobs. Inmates may not be placed on jobs that have any of the unacceptable conditions specified by the Commissioner or a warden. E. Each warden shall ensure that each employer is provided with a: (1) Copy of all work release rules which the employer and the inmate are required to follow; and (2) Work release orientation explaining the rules of the work release program and the Division's expectations of participating employers. F. A warden shall ensure that a work release plan is established for each inmate before an inmate's placement on a work release job. A warden shall ensure that each work release plan includes, at a minimum, the inmate's: (1) Assigned place of employment; (2) Hours to be worked; (3) Means of transportation; (4) Time allowed for transportation; and (5) Salary. G. The Commissioner or designee shall ensure that a work release plan is reviewed and approved by the facility administrator at an inmate's assigned prerelease unit. #### Regulation .06 Supervision on Work Release. *COMAR 12.02.12.06* The Commissioner shall establish minimum standards of supervision for an inmate assigned to work release which shall include at least the following requirements: A. Monthly interview of an inmate by a work release counselor; B. Monthly job checks by a work release counselor which shall be accomplished by personal visits to the job site; C. Monthly additional job checks by the work release counselor which may be accomplished by means other than personal visits to the job site; D. Monthly comparisons of the prerelease facility's records of the hours that an inmate worked with an employer's records of an inmate's work hours; and E. Monthly audits of work release case supervision records by each warden or designee. #### Regulation .07 Removal from Work Release. *COMAR 12.02.12.07* A. The Commissioner shall ensure that an inmate is automatically removed from work release if classified higher than the prerelease security level. B. An inmate may be removed from work release for any reason considered appropriate by a classification team provided that this decision is made in accordance with the procedures in Division Regulation 100-1 and approved by the warden. #### Regulation .08 Disposition of Work Release Earnings. *COMAR 12.02.12.08* A. Each work release participant shall turn in all earnings to Division staff immediately upon return to the unit on the day the pay is received. B. Division staff shall ensure that deductions are made from each work release inmate's earnings in the following order of priority: (1) The amount determined to be the cost to the State of providing travel, food, lodging, and clothing for the inmate; (2) An amount an inmate is legally obligated to pay for the support of dependents; and (3) An amount an inmate has been ordered by the court to pay for restitution. #### Regulation .09 Work Release for Division Inmates Housed in Local Jails. *COMAR 12.02.12.09* A. The Commissioner may designate jails or detention facilities within the political subdivisions of Maryland as places for housing an inmate committed to the custody of the Division who is approved for work release. B. A Division work release regulation shall, to the extent possible, be applied to an inmate housed in a local facility as if the inmate were housed in a Division facility. ### Chapter 13 — Volunteer Services **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Definitions. *COMAR 12.02.13.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Citizen participant” means a person who provides a service on an irregular and infrequent basis, not exceeding six visits per year. (2) “Commissioner” means Commissioner of the Division of Correction or designee. (3) “Community service worker” means a person who agrees to perform a certain number of community service hours as a condition of probation. (4) “Coordinator” means volunteer activities coordinator. (5) “Director” means the Division headquarters Chief of Religious and Volunteer Services. (6) “Division” means Division of Correction. (7) “Employee volunteer” means a person who is employed by an institution and who provides a service on personal time to that institution. (8) “Frisk search” means running the hands across clothing worn to detect any hidden objects. (9) “Maryland CCH IDENT/INDEX” means Computerized Criminal History Identification Index. (10) “Material or monetary donor” means a person or group that provides material or monetary donations to an institution or the Division. (11) “Rap sheet” means the primary method by which criminal history information is reported. (12) “Reasonable suspicion” means the apparent state of facts or circumstances which would lead a reasonably prudent person to: (a) Believe that something is wrong; (b) Have an apprehension or to imagine that a violation has been, is being, or will be committed by a specific individual based on only slight evidence which does not amount to proof. (13) “Registered volunteer” means a volunteer who has completed the screening and orientation procedures, and has obtained the approval necessary to make regular visits to the institution. (14) “Student intern” means a student from a post-high school educational institution who, for credit and under the supervision of that person's school, performs services on a regular or frequent basis. (15) “Volunteer” means someone who has been approved as a volunteer through the procedures in this chapter. (16) Volunteer Professional. (a) “Volunteer professional” means a person who represents another agency in providing a service on a regular or frequent basis and is paid by that agency. (b) “Volunteer professional” does not mean the following personnel: (i) Department of Education staff; (ii) Contractual personnel who provide substance abuse treatment; (iii) Institutional parole agents. (17) “Volunteer services” means planned activities which aid staff in promoting inmate adjustment and which utilize volunteers. #### Regulation .02 Use of Volunteers. *COMAR 12.02.13.02* Volunteers shall be used as an integral part of the service delivery system for the benefit of the Division and its population. Volunteers shall supplement and extend, not take the place of, staff and staff services. #### Regulation .03 Volunteer Services Program Management. *COMAR 12.02.13.03* A. The Director and the coordinator for each institution shall develop annual volunteer goals based on institutional needs and direction from the Commissioner and warden. B. Each registered volunteer shall have a written assignment description prepared by the coordinator. C. The Director and the coordinators shall recruit volunteers from the various cultural and socioeconomic segments of the community. D. Selection. (1) A coordinator shall ensure that each volunteer applicant is screened using the following methods: (a) Personal interview; (b) Completion of application for volunteer service; (c) Investigation of credentials, if credentials are germane to volunteer services; and (d) Criminal history investigation using, at a minimum, the following sources: (i) Maryland CCH IDENT/INDEX and rap sheet, (ii) FBI check (transaction codes CCH and CCF), (iii) OBSCIS II, which is a management information system for the Division of Parole and Probation, (iv) Motor vehicle records, and (v) Fingerprinting, followed by submission of prints to the FBI for identification, at the warden's discretion. (2) A warden or designee may authorize a more limited screening for: (a) A citizen participant; (b) An employee volunteer; or (c) A material or monetary donor. (3) A coordinator may place a community service worker as a volunteer if the: (a) Applicant is not under court order for drug treatment; and (b) Warden approves the placement. (4) A warden or designee may accept a person with a criminal record as a registered volunteer, whether previously incarcerated or on supervised parole or supervised probation, with the following stipulations: (a) The person may not be selected for service other than as a citizen participant until 1 year has elapsed after termination of supervision by closure or abatement through any criminal justice agency; (b) The person may not have been arrested since termination from supervision; (c) A person who has had a condition of supervision requiring drug abuse treatment shall also provide as a reference the name of that person's most recent parole or probation agent or substance abuse treatment counselor. (5) An employee volunteer shall sign an agreement to volunteer a specific service instead of completing an application. (6) Acceptance or Rejection of a Volunteer. (a) The Director shall ensure that criteria for acceptance or rejection of a volunteer candidate is consistently applied among all institutions. (b) The application of any volunteer applicant who is rejected, along with the reason for rejection, shall be sent to the Director. (c) The Director shall forward the information in §D(6)(b) to the Commissioner, along with a recommendation to approve or disapprove the rejection. The Director shall base the recommendation upon: (i) Information contained in the application; (ii) Criminal history; (iii) Reason for rejection; (iv) The need for service; and (v) The applicant's status as a volunteer elsewhere in the system. (d) The Director shall advise the warden of the Commissioner's decision. (e) A volunteer applicant may appeal the decision, in writing, to the Commissioner within 30 days of receiving notice of rejection. E. Volunteer Orientation. (1) A registered volunteer shall receive an orientation which has been approved by the Director and shall sign a document stating that orientation has been received. (2) The coordinator shall conduct the orientation which shall include, at minimum: (a) Basic rules and regulations which affect a volunteer; and (b) A description of institutional programming operations. (3) The coordinator shall provide a citizen participant with an orientation approved by the Director. F. A volunteer may provide services only after receiving orientation. G. Volunteer Training. (1) The staff supervisor of the volunteer shall provide special skill training as needed. (2) The Director shall ensure supplemental training opportunities for volunteers. H. Supervision and Monitoring of a Volunteer. (1) A volunteer's supervisor shall: (a) Work with the coordinator to assure adequate supervision of volunteer efforts; (b) Complete an annual evaluation for each volunteer. (2) A volunteer shall complete an annual placement experience evaluation. I. The coordinator shall ensure that a volunteer receives formal and informal recognition for the volunteer's contributions. J. The warden shall ensure that an inmate receives information about volunteer services during institutional orientation and by institutional bulletins posted throughout the institution. K. Gifts, contributions, and donations shall be accepted and processed under procedures established by the Department of Budget and Fiscal Planning. L. The coordinator shall maintain a file for each volunteer, to contain at least the following documents: (1) Volunteer application; (2) Volunteer assignment description; (3) Acknowledgment of orientation; (4) Evaluations; (5) Volunteer exit form; and (6) Program notes. M. The Commissioner shall review major modifications to existing institutional volunteer programs and program initiatives before implementation. N. Volunteer Access to the Institution. (1) A volunteer shall sign a volunteer log provided by the institution upon entering and leaving the institution. (2) Search Procedures. (a) A volunteer is subject to established procedure. (b) A volunteer shall sign an authorization for a frisk search. The shift supervisor may deny a volunteer access to the institution if the volunteer refuses to consent to a clothed body search. (c) A volunteer shall sign an authorization for a strip search if the warden has reasonable suspicion that an illegal act either has been, may be, or is being committed. The shift supervisor shall deny a volunteer access to the institution if the volunteer refuses to consent to a strip search. #### Regulation .04 Reassignment, Suspension, and Discharge of a Volunteer. *COMAR 12.02.13.04* A. The coordinator shall initiate appropriate action if a volunteer is: (1) Arrested; (2) Violates institutional rules; or (3) Is not performing responsibilities in accordance with the assignment description or the expectations of the supervisor. B. An action may include: (1) Transfer to another assignment; (2) Suspension; or (3) Discharge. C. In the event of discharge, the coordinator shall: (1) Conduct an exit interview; (2) Complete the volunteer exit form; (3) Request that the volunteer complete an evaluation form; and (4) Refer the volunteer to a volunteer placement agency if the volunteer so desires. D. The name of a volunteer who is discharged for unsatisfactory behavior, with reason for discharge, shall be forwarded to the Director. E. The Director shall: (1) Determine the appropriateness of the volunteer continuing to provide services within the Division; (2) Relocate the volunteer within the system when appropriate; and (3) Notify the warden and the volunteer of the volunteer's removal as a volunteer from all institutions of assignment. F. The volunteer may appeal an action taken under this regulation, in writing, to the Commissioner, within 30 days after receiving notice of the action. ### Chapter 14 — Inmate Privileges **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Inmate Access to Telephone. *COMAR 12.02.14.01* A. Definitions. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Emergency Telephone Call. (a) “Emergency telephone call” means a telephone call for an inmate which involves: (i) Serious family illness; (ii) Injury or death of a family member; or (iii) Other serious matters as determined by appropriate institutional personnel. (b) “Emergency telephone call” does not mean: (i) Routine communication with lawyers or the courts; and (ii) Matters which may be handled by mail. (2) “Family” means an inmate's spouse, natural grandparents, parents, siblings, children, grandchildren, and persons who have these relationships through adoption. (3) “Inmate telephone” means a telephone exclusively available for inmate use. (4) “Institutional telephone” means a telephone which is used to conduct institutional business and is not available for inmate use, except for an emergency telephone call conducted under staff supervision. C. Restriction and Suspension of Telephone Privilege. (1) Except when an emergency telephone call is authorized, an inmate may not use an institutional telephone for legal communication. An inmate shall use an inmate telephone when available, or the mail service. (2) An inmate may make a nonemergency telephone call only on a designated inmate telephone available within the institution at the expense of the inmate or the person called. (3) A warden or designee may suspend or revoke an inmate's telephone privilege if: (a) The inmate violates institutional procedures; or (b) Complaints are made by a: (i) Telephone company representative, or (ii) Person who has received an inmate's call. (4) A warden or designee may suspend an inmate's telephone privilege for security reasons. (5) A warden or designee shall ensure that an inmate's access to a telephone does not interfere with an institution's operations, including: (a) Programs; (b) Work assignments; or (c) Institutional inmate counts. ### Chapter 15 — Inmate Escape **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Definitions. *COMAR 12.02.15.01* 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) “Crime victim” means a person who suffers personal physical injury, death, or loss of property as a direct result of a crime, and includes the spouse, child, sibling, parent, legal guardian, or next of kin of the person, if the person is deceased. (3) “Division” means Division of Correction. (4) “Escape” means unauthorized departure of an inmate from a place of lawful confinement or custody. (5) “Jessup regional emergency warning system” means the mechanism through which the Jessup community and Jessup area correctional facilities are notified of escapes, the apprehension of escapees, and mass disturbances that have occurred in Jessup area correctional facilities. This mechanism includes a siren alarm and a recorded telephone message concerning the incident. The telephone number through which the public may access the recorded message is (410) 799-1136. (6) “FBI” means Federal Bureau of Investigation. (7) “Warden” means warden or designee. #### Regulation .02 Notification of Escape. *COMAR 12.02.15.02* A. When an inmate escapes from the custody of the Division, the Commissioner shall ensure that the following notifications are made: (1) Institutions and units of the Maryland Correctional Prerelease System in the Baltimore region shall notify the: (a) Baltimore City Police Department, Eastern District, (b) Fugitive squad of the Baltimore City Police Department, and (c) Federal Bureau of Investigation; (2) Institutions and units of the Maryland Correctional Prerelease System in the Jessup region shall notify the: (a) Maryland State Police, Glen Burnie Barracks, (b) Patuxent Institution, to engage the Jessup regional emergency warning system, (c) Fugitive squad of the Baltimore City Police Department, and (d) FBI; (3) Institutions in the Hagerstown region shall notify the: (a) Maryland State Police, Hagerstown Barracks, (b) Hagerstown Police Department, (c) Washington County Sheriff's Department, (d) FBI, and (e) Baltimore City fugitive squad; (4) The Eastern Correctional Institution shall notify the: (a) Maryland State Police, Barrack X, Eastern Correctional Institution detachment, Somerset County, (b) Salisbury Police Department, (c) Wicomico County Police Department, (d) Worcester County Police Department, (e) Somerset County Sheriff's Department, (f) Princess Anne City Police Department, (g) Pocomoke City Police Department, (h) Division of Correction Investigative Unit, (i) Baltimore City fugitive squad, and (j) FBI; (5) The units of the Maryland Correctional Prerelease System located in Charles, Wicomico, Queen Anne's, and Carroll counties shall notify the: (a) Local Maryland State Police, (b) Local county law enforcement agency, (c) FBI, and (d) Baltimore City fugitive squad; (6) A Division institution or prerelease unit shall notify the Division investigative unit when an inmate escapes, or attempts to escape, and it is suspected that a Division employee or volunteer is involved in the escape or escape attempt through: (a) The commission of a criminal offense, (b) Neglect of duty, or (c) Violation of another Division regulation which is applicable. B. If an inmate escapes while under escort and away from the institution, the Commissioner shall ensure that the officer in charge of the institution where the inmate was housed notifies the local police jurisdiction or precinct where the escape took place. C. When a Division escapee has a detainer for a sentence, concurrent or consecutive, and whether operative or not, the Commissioner shall ensure that the jurisdiction which filed the detainer is notified of the escape within 3 working days of the date of the escape. The Commissioner shall ensure that a staff member of the institution sends a copy of the inmate escape work sheet which references the detainer to the concerned jurisdiction by transmittal letter. D. The Commissioner shall ensure that the institutional officer in charge at the time of escape places a copy of the inmate escape work sheet in the inmate's base file and commitment file. E. The Commissioner shall ensure that the warden notifies Division headquarters in accordance with established procedure for reporting a serious incident. F. In accordance with the provision of Criminal Procedure Article, §11-1002, Annotated Code of Maryland, the Commissioner shall ensure that a warden notifies a crime victim when the crime victim has filed a written request to be informed when a particular inmate escapes. G. The Commissioner shall ensure that a telephone notification of an escape is followed by written confirmation accompanied by an escape retake warrant to agencies specified in §A of this regulation. #### Regulation .03 Escape Retake Warrant Procedure. *COMAR 12.02.15.03* A. When it has been confirmed that an inmate has escaped, the Commissioner shall ensure that: (1) An escape retake warrant is issued; (2) The original warrant is mailed, using first class mail, to Maryland State Police Headquarters. B. The Commissioner shall ensure that the following documents routinely accompany the original escape warrant to the Maryland State Police Headquarters, Warrant Unit: (1) Original copy of waiver of extradition; (2) Copy of inmate escape work sheet; and (3) Other documents as requested by the Maryland State Police. C. If the mailing of the escape retake warrant is delayed for more than 24 hours awaiting its preparation, the institutional officer in charge shall ensure that the documents in §B are mailed to the Maryland State Police Headquarters, Warrant Unit. D. The following persons are authorized to issue an escape retake warrant: (1) Warden; (2) Assistant warden; (3) Security chief; (4) Facility administrator of the Maryland Correctional Prerelease System; and (5) Institutional shift commander. E. Control Log. The Commissioner shall ensure that: (1) Each warden establishes procedures to maintain a control log which shall include each escape retake warrant issued by a facility, and indicate the following information: (a) Escape retake warrant number, (b) Date and time of issuance, (c) Name and title of the authorized issuer, (d) Name and Division commitment number of escapee, (e) Date of escape, and (f) Date mailed to the Maryland State Police Headquarters; (2) All warrant numbers are accounted for within the log; (3) The log is accessible to appropriate staff in the event of a police inquiry. F. The Commissioner shall ensure that each warden specifies the name and telephone number of the facility designated as the point of return on each escape retake warrant. G. The Commissioner shall ensure that copies of the escape retake warrant are distributed as follows: (1) Inmate base file; (2) Inmate commitment file; and (3) Office of the State's Attorney for the jurisdiction where the escape took place. #### Regulation .04 Return of an Escapee to the Division. *COMAR 12.02.15.04* A. An apprehended escapee who has escaped from one of the following institutions shall be returned to that institution: (1) Maryland Penitentiary; (2) Maryland Correctional Training Center; (3) Maryland Correctional Institution--Hagerstown; (4) Roxbury Correctional Institution; (5) Maryland House of Correction; (6) Maryland Correctional Institution--Jessup; (7) Maryland Correctional Institution for Women; (8) Eastern Correctional Institution; (9) Maryland Reception, Diagnostic, and Classification Center; and (10) Maryland Correctional Adjustment Center. B. A male escapee from the Maryland Correctional Prerelease System shall be returned to the Maryland House of Correction. C. An escapee from the Prerelease Unit for Women shall be returned to the Maryland Correctional Institution for Women. D. The Assistant commissioner for field services shall coordinate the return of an escapee from another state with the Maryland State Police. E. The Commissioner shall ensure that a warden takes appropriate institutional adjustment action against an inmate upon an inmate's return from escape. #### Regulation .05 Notification of Return from Escape. *COMAR 12.02.15.05* A. When an escapee is returned to the custody of the Division, the Commissioner shall ensure that the warden of the institution receiving the returned escapee prepares a letter notifying the Maryland State Police of the return from escape, with copies provided to the: (1) Local law enforcement agency; (2) FBI; (3) Commissioner; and (4) Baltimore City fugitive squad. B. The notification of return from escape may be completed on a monthly basis. The Commissioner shall ensure that each warden ensures that the notification of return from escape includes the following: (1) Name of returned escapee; (2) Division commitment number; (3) Date of escaped inmate's return to the custody of the Division; and (4) Escape retake warrant number. C. The Commissioner shall ensure that each warden sends copies of the notification of return from escape to the following: (1) Local law enforcement agency; (2) FBI; (3) Commissioner; (4) Baltimore City fugitive squad; and (5) The crime victim who shall be notified of an inmate's escape under Regulation .03 of this chapter. D. The Commissioner shall ensure that the warden of the institution of return prepares appropriate information for the State's Attorney's Office regarding an inmate's return from escape, and forwards it by cover letter to the State's Attorney. The Commissioner shall ensure that each warden establishes procedures to ensure that a copy of the letter sent to the State's Attorney is also sent to the Division assistant commissioner for field services. E. The Commissioner shall ensure that a warden places a copy of an escape retake warrant in an inmate's commitment file. ### Chapter 16 — Visits to Inmates **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: February 3, 1992 (19:2 Md. R. 155) **Administrative History:** Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014 #### Regulation .01 Definitions. *COMAR 12.02.16.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Certified religious visitor” means a person who is certified by the applicable religious authority to minister to members of that body, and who has been processed according to relevant institutional directives to visit individually with a specific inmate on a regular, occasional, or one-time-only basis. (2) “Commissioner” means Commissioner of the Division of Correction or designee. (3) “Contact visit” means a visit which permits limited physical contact between the inmate and the visitor. (4) “Contraband” means an item as defined under Correctional Services Article, §8-801, Annotated Code of Maryland. (5) “Frisk search” means running the hands across clothing worn to detect any hidden objects. (6) “Special visit” means a visit authorized as an exception to normal visiting procedures. (7) “Visitor” means a person entering the institution who: (a) Is on an inmate's visiting list; or (b) Has obtained approval as a special visitor. (8) “Warden” means warden or designee. #### Regulation .02 General Procedures. *COMAR 12.02.16.02* A. The Commissioner shall establish: (1) The number of visits which an inmate may receive; (2) The length of a visit; and (3) The number of visitors authorized during one visit. B. The Commissioner shall consider the following standards when establishing the procedures in §A of this regulation: (1) Institutional schedule; (2) Visiting space; (3) Security considerations; (4) Staff requirements; and (5) An inmate's institutional status. C. The Commissioner shall ensure that each warden establishes procedures governing visits to inmates in outside hospitals, institutional infirmaries, and mental health units which include provisions to ensure that: (1) Each visit conforms with custody requirements; and (2) Appropriate health or mental health personnel approval is obtained to confirm that the inmate is medically or mentally able to conduct the visit. D. The Commissioner shall ensure that each warden designates a visiting area which meets reasonable conditions for a visit to take place. E. An inmate may refuse to see a visitor. #### Regulation .03 Types of Visits. *COMAR 12.02.16.03* A. Contact Visits. The Commissioner shall ensure that each warden allows a contact visit unless a contact visit is prohibited by Division regulations. The specific kind and amount of contact shall be based on the security level of the institution and the classification of an inmate. B. Noncontact Visits. The Commissioner shall ensure that each warden designates a visiting area for a noncontact visit and establishes procedures for its use. C. Religious Visits. The name of a certified religious visitor shall be recorded on the inmate visitor record, but not counted in the maximum 15 visitors. Religious visits shall be managed according to institutional procedure. D. Legal Visits. (1) The Commissioner shall ensure that each warden establishes procedures for an inmate visit with an attorney. (2) An attorney need not be on the inmate visitor record, but shall have proper identification. (3) A legal assistant who visits an inmate shall present a letter of introduction signed by an attorney on the firm's stationery. (4) The Commissioner may not set a time limit for an attorney visit. (5) An attorney shall visit during regular visiting hours unless a special arrangement is made with the warden. E. Special Visits. A warden shall establish procedures for special visits. #### Regulation .04 Records of Inmate Visits. *COMAR 12.02.16.04* A. A warden of a receiving institution shall ensure that during the reception process, an inmate visitor record form is established for each inmate. B. Each inmate may submit a list of up to 15 names, addresses, and relationships of intended visitors to be included on the list. C. An inmate shall place the name of an intended visitor who is 18 years old or older on the inmate's visitor record. D. An inmate is not required to list children under 18 years old on the visitor record. E. Only those persons on the inmate visitor record will be approved to visit an inmate. However, the Commissioner shall establish procedures to provide for the following types of visits: (1) Religious; (2) Legal; and (3) Special. F. When an inmate is transferred, the sending institution shall forward the inmate visitor record to the receiving institution at the time of the transfer, to: (1) Ensure a continuous record of an inmate's visits; and (2) Eliminate the need for a new record to be established. #### Regulation .05 Visitor Requirements. *COMAR 12.02.16.05* A. A visitor shall present one of the following types of identification: (1) Driver's license; (2) Age of majority card; (3) Birth certificate; (4) Social security card; or (5) Other State, federal, or private industry-issued photograph identification. B. The Commissioner shall ensure that a person younger than 18 years old who intends to visit an inmate is accompanied by an adult. The officer in charge of the visiting area may request identification for verification of age. #### Regulation .06 Visitor Searches. *COMAR 12.02.16.06* A. The Commissioner shall require a visitor to pass through a metal detector or be searched by a scanning device upon entering all Division facilities, except prerelease units. B. The Commissioner shall ensure that each warden establishes procedures to frisk search visitors randomly on a daily basis. C. When a frisk search is conducted, the individual conducting a search shall be the same sex as the person being searched. D. A visitor shall complete and sign a consent to search form. E. The Commissioner shall ensure that a warden establish procedures to maintain a copy of the consent to search form in the base file of an inmate being visited. The Commissioner shall ensure that the original copy of this form is kept on file by the warden. F. The Commissioner shall ensure that a visitor who refuses to submit to a search is denied visiting privileges for that day. G. If a visitor possesses contraband in violation of the criminal statute, the contraband shall be confiscated and a law enforcement agency notified. #### Regulation .07 Visitor Rules and Visit Guidelines. *COMAR 12.02.16.07* A. During a visit, a visitor shall follow visiting room rules and shall maintain control of children who may be participants in the visit. B. A visit may be disapproved by the institutional shift commander if the visitor: (1) Is under the influence of a drug or alcohol; (2) Refuses to submit to search procedure; (3) Fails to provide sufficient identification; (4) Provides falsified identification; (5) Is younger than 18 years old and is not accompanied by an adult; (6) Violates a facility visiting rule posted in the visiting room; or (7) Possesses contraband. C. If a visitor is denied a visit for a reason included in §B of this regulation, and the visitor refuses to leave the facility, the police of the jurisdiction in which the facility is located shall be notified, and the visitor shall be treated as a trespasser in accordance with Criminal Law Article, §6-409, Annotated Code of Maryland. D. A visit may be terminated or shortened if: (1) The visitor or inmate fails to prevent children from disturbing another person in the visiting area; (2) The visitor or the inmate is verbally or physically disruptive and jeopardizes visiting room operations or the security of the institution; (3) The visitor and inmate engage in excessive physical contact; (4) The inmate violates a rule or regulation of the institution; (5) There is insufficient space for a visit in the visiting room; (6) An institutional crisis exists; (7) A visitor violates a facility visiting rule posted in the visiting room; or (8) Another reason exists which is determined by the warden. E. The Commissioner shall ensure that each warden requires the approval of the shift commander to terminate a visit. The shift commander shall provide the warden with a report stating the specific reasons for terminating a visit. #### Regulation .08 Suspension of a Visitor's Visiting Privilege. *COMAR 12.02.16.08* A. A warden may suspend a person from visiting an inmate for a designated or indefinite period of time when there is clear and convincing evidence that a visit would jeopardize the safety or security of the institution. B. The Commissioner shall ensure that each warden bases suspension of visiting privileges on: (1) A review of the information provided in the supervisor's report of the incident; and (2) Information provided by staff, the inmate, and the visitor. C. The Commissioner shall ensure that a warden sends a written notice of a decision to suspend visiting privileges for a specified or indefinite period of time to the following: (1) Inmate; (2) Inmate base file; (3) Visitor; and (4) Assistant commissioner for field services. D. The Commissioner may authorize each warden to omit justification for the suspension or termination of a visit from the written notice when the security of an institution or the safety of an individual would be affected. E. A notice of suspension or termination of visiting privilege shall include: (1) A statement of the reasons for the suspension; (2) The length of the suspension or termination; and (3) A statement advising the visitor that the visitor may appear before the warden for a hearing regarding the suspension or termination of visiting privileges. F. The Commissioner shall ensure that a warden: (1) Writes a report of a hearing held regarding suspension or termination of a visitor's visiting privileges; and (2) Sends a copy of the report to the assistant commissioner for field services. G. The Commissioner shall ensure that a warden attaches the letter of notification to the inmate visiting card when a visitor's visiting privilege is suspended. H. The visitor may request a warden to reinstate a suspended or terminated visiting privilege upon the inmate's transfer to another maintaining institution. ### Chapter 17 — Inmate Property and Clothing **Authority:** Correctional Services Article, §§2-109(c), 3-609, and 10-801, Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulations .01—.03 amended effective February 26, 1996 (23:4 Md. R. 273) **Administrative History:** Regulation .03B amended effective July 13, 1997 (24:14 Md. R. 1013) #### Regulation .01 Definitions. *COMAR 12.02.17.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Abandoned property” means personal belongings which: (a) Are unclaimed after the required 30-day notice has elapsed; (b) Have not been sent out of the institution within 30 days notice to the inmate; (c) Remain in control of the institution and are unclaimed for a 30-day period subsequent to an inmate's release or escape; or (d) An inmate chooses to donate to the institution for use by inmates. (2) “Contraband” means: (a) An item, material, substance, or other thing that is not authorized by a warden or facility administrator of the facility; (b) An item, material, substance, or other thing which is brought into the facility in a manner not sanctioned by Division or institutional policy or procedure; or (c) A property item which is in excess of the allowable quantity provided in a Division property directive or applicable institutional directive. (3) “Division” means Division of Correction. (4) “Property officer” means a person responsible for receiving and controlling inmate belongings in accordance with established property procedure. #### Regulation .02 Handling and Storage of Inmate Property. *COMAR 12.02.17.02* A. Inmate Property Rights. The Commissioner shall ensure that: (1) A warden protects the property rights of an inmate when a Division rule or directive requires that an inmate release the inmate's personal property to Division custody for safekeeping; (2) An employee exercises reasonable care of property which is removed from an inmate; (3) A warden disciplines an employee when employee negligence causes loss or damage to inmate property. B. The Commissioner shall ensure that a warden establishes a secure area as a property room. This area shall be used to: (1) Secure inmate property which is temporarily out of the custody of an inmate; and (2) Store inmate valuables under Division directives. C. The Commissioner shall ensure that a warden establishes procedures to: (1) Control and account for inmate property which is in the care of the institution; and (2) Ensure that excess or unallowable property is disposed of under Division directive. D. Inventory of Inmate Property. (1) The Commissioner shall ensure that inmate property which is taken into institutional custody is inventoried to establish an accurate record of the property received. (2) When inmate property cannot be inventoried, the Commissioner shall ensure that each warden establishes procedures to ensure that an employee packages, seals, and places the property in a secure area. (3) The Commissioner shall ensure that when sealed property is received by the institution and cannot be inventoried at the time of receipt, the property remains sealed and is placed in a secure area, with documentation indicating the name of the officer receiving and securing the property. E. The Commissioner shall ensure that when an inmate receives a housing change, the inmate is permitted only those items which are authorized by a warden and established by institutional directive. F. Allowable Property. (1) An inmate may possess only items authorized by Division directive. (2) The Commissioner shall ensure that unauthorized property is: (a) Sent to an address provided by an inmate, at an inmate's expense; (b) Released to a visitor who has been authorized by the inmate to receive an inmate's property; or (c) Disposed of under Division directive. #### Regulation .03 Disposition of Inmate Personal Property. *COMAR 12.02.17.03* A. The Commissioner shall establish procedures to ensure that a warden: (1) Returns personal property to an inmate upon release; and (2) Obtains a receipt from an inmate for the return of property. B. Death of Inmate. (1) The Commissioner shall ensure that if an inmate dies, an inmate's property, including institutional funds, is given to a person who possesses a letter of administration issued by a court. (2) The Commissioner shall ensure that the next of kin is notified of personal property, including funds by registered mail, return receipt requested. A court-appointed personal representative shall claim the property within 30 days of notice to the next of kin. (3) When a court-appointed personal representative claims property, that person shall provide a letter of administration. The Commissioner shall ensure that each warden retains a copy of the letter of administration for the institutional file. (4) The Commissioner shall ensure that a receipt is obtained for property released to a personal representative and that the receipt is retained in the inmate's base file. C. Holding of Personal Property. The Commissioner shall ensure that: (1) Inmate personal property is held for 30 days when the property: (a) Is in possession of the Division as a result of an escape, or (b) Has been unclaimed by an inmate who has the right to its possession; and (2) During the 30-day period: (a) A notice is posted in a conspicuous location within the institution in which the property was initially secured; (b) The warden delivers the unclaimed property in §C(1)(b) of this regulation being held to the inmate who establishes a right to its possession within the time period specified in this section; and (c) A warden obtains from an inmate a signed receipt when property is turned over to the inmate. D. Funds remaining in an inmate's institutional account shall remain in that account for 2 years after an escape, and then be turned over to the State Treasurer's Office. An account book for an inmate's personal bank account is to be retained by the inmate finance office for 5 years and then turned over to the State Treasurer's Office. E. Abandoned Property. The Commissioner shall ensure that a warden: (1) Converts abandoned property to institutional use; or (2) Disposes of the abandoned property in accordance with §F of this regulation. F. Disposal of Abandoned Property. (1) If the abandoned property is to be converted to institutional use, the Commissioner shall ensure that a warden submits a declaration of abandoned inmate property for conversion or disposal form to the assistant commissioner for security operations, advising the: (a) Condition of the property; (b) Estimated value of the property; and (c) Planned use for the property. (2) Abandoned inmate property may only be converted for institutional use for the inmate population. (3) The Commissioner may authorize a warden to dispose of abandoned inmate property which cannot be converted to institutional use, by a declaration of abandoned inmate property for conversion or disposal form. After offering the property for use by an institution, the following shall take place: (a) All of the following: (i) Upon approval of the Commissioner, the warden may dispose of the property by donation to an appropriate charitable organization, (ii) The property officer shall obtain a dated, signed, descriptive receipt for the donated items and retain the receipt for institutional record, and (iii) Future claims of an inmate to proceeds or rights to possession of the abandoned property shall be barred; or (b) The property may be discarded or destroyed in the presence of a staff witness. G. This chapter does not affect or limit the authority of a warden to seize and dispose of contraband in accordance with State law and Division directives. ### Chapter 18 — Inmate Transfers **Authority:** Correctional Services Article, §2-109(c) and Title 8, Subtitle 6, Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulation .01B amended effective March 27, 1995 (22:6 Md. R. 474) **Administrative History:** Regulation .02A, B, C, G amended effective March 27, 1995 (22:6 Md. R. 474) **Administrative History:** Regulation .03 amended effective March 27, 1995 (22:6 Md. R. 474) #### Regulation .01 Definitions. *COMAR 12.02.18.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Adjudicated Federal Detainer. (a) “Adjudicated federal detainer” means a detainer based on an offense for which the defendant has been: (i) Tried; (ii) Convicted; (iii) Sentenced; and (iv) Committed to the custody of the U.S. Attorney General. (b) “Adjudicated federal detainer” does not mean a detainer: (i) Based on an untried indictment, information, or complaint; or (ii) Of federal parole or federal probation. (2) “Commissioner” means the Commissioner of the Division of Correction or designee. (3) Concurrent Federal Sentence. (a) “Concurrent federal sentence” means a sentence which runs simultaneously with a Maryland sentence because it: (i) Has a beginning date expressly stated on its judgment and commitment record; or (ii) Is expressly described on a federal commitment record, to run concurrent with a Maryland sentence. (b) “Concurrent federal sentence” also means a federal sentence to which a Maryland sentence is concurrent. (c) Each additional federal sentence shall be considered consecutive to the Maryland sentence. (4) “Division” means Division of Correction. (5) “Eligible person” means an inmate who meets the criteria for transfer to Patuxent Institution in Correctional Services Article, §4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05. (6) “Field compact administrator” means the case management manager, supervisor, or specialist within each correctional institution who coordinates all actions involving the Interstate Corrections Compact. (7) “Headquarters compact administrator” means the headquarters staff person appointed by the Commissioner as the administrator for implementation of the Interstate Corrections Compact. (8) “Interstate Corrections Compact” means a legal agreement enabling a signatory state to the Interstate Corrections Compact, which has a contractual agreement with Maryland, to consider the transfer of an inmate sentenced to a correctional institution of the other signatory state for confinement and program participation, if appropriate. (9) “Signatory state” means a state which has enacted legislation to implement the Interstate Corrections Compact and has a contractual agreement with Maryland for transferring inmates. (10) Total Sentence. (a) “Total sentence” means an inmate's last expiring operative sentence. (b) If an inmate is serving a single sentence, it is that sentence. (c) If an inmate is serving a combination of concurrent sentences, it is the sentence that will expire last. (d) If the inmate is serving a combination of consecutive sentences, it is the sentence or sum of sentences that will expire last. (11) “Unserved balance of the total federal sentence” means the: (a) Interval from the date of sentence calculation to the presumptive parole release date of the total federal sentence, if one exists; (b) Interval from the date of sentence calculation to the maximum expiration date of the total federal sentence; or (c) Length of the total federal sentence considering the unique circumstances of the case. (12) “Unserved balance of the total Maryland sentence” means the interval from the date of consideration for eligibility for parole to an adjudicated federal detainer, to the current mandatory release date on the total Maryland sentence. #### Regulation .02 Referrals for Evaluation at Patuxent Institution. *COMAR 12.02.18.02* A. The following persons may recommend to the Commissioner that an inmate who meets the criteria specified in COMAR 12.12.02.01 or .02 be referred to Patuxent Institution for evaluation as to whether the inmate is an eligible person: (1) The sentencing judge; (2) The State's attorney of the jurisdiction in which the inmate was last convicted; (3) A member of the Commissioner's staff, including the chief psychologist or case management team of a Division institution; or (4) An inmate, by self-referral. B. The Commissioner shall maintain a list of Division inmates eligible to be referred to Patuxent Institution for evaluation. The Commissioner's list shall be submitted monthly to the Director of Patuxent. C. If the Patuxent evaluation is to be conducted at a Division institution, the records needed for the evaluation shall be assembled by the Division in accordance with COMAR 12.12.03.03 as specified below: (1) The following documents from the base file include: (a) Copy of commitment order, (b) Admission summary, (c) Copy of sentencing guidelines, (d) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate, or documentation that none exists, (e) Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed upon that conviction, (f) State's version of the crime, (g) Prior criminal and juvenile history and all relevant records concerning it, (h) Disciplinary record, and (i) Correspondence from judges and State's attorneys relating to their referral and recommendation of inmates to Patuxent Institution; (2) School records; (3) The inmate's prior medical history, including any relevant medical and hospital records and reports, and the inmate's medical file; (4) The inmate's prior mental history, including the inmate's psychological file, previous psychological or psychiatric evaluations, record of psychiatric medications, progress notes, and records of any previous psychiatric and drug and alcohol treatment; and (5) Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history. D. Each warden shall ensure that a Patuxent transfer evaluation team is provided the work space and resources necessary to carry out the examination. E. If the evaluation is to be conducted at Patuxent Institution, the Division shall ensure that the records specified in §C of this regulation accompany the inmate to Patuxent Institution. F. When an inmate is no longer an eligible person, the Director of Patuxent Institution shall notify the Commissioner. The Commissioner shall ensure that Division staff return the inmate to the Division in accordance with Correctional Services Article, Title 4, Annotated Code of Maryland, and COMAR 12.12.04. G. When an inmate has returned to a Division institution from Patuxent Institution, the inmate's case management specialist shall advise the Parole Commission of the following information: (1) Inmate's name; (2) Inmate's Division identification number; (3) Date of inmate's return to the Division from Patuxent Institution; (4) Change in the inmate's sentence; and (5) Date and decision of last parole hearing, if one was conducted. #### Regulation .03 Interstate Corrections Compact Transfer. *COMAR 12.02.18.03* A. If an inmate desires to transfer to a signatory state under the Interstate Corrections Compact, the inmate shall complete an Application for Interstate Corrections Compact Transfer and submit the completed form to the inmate's case management specialist. B. If the application is disapproved by the warden, the process shall terminate. C. If the application is approved, the field compact administrator shall forward a referral packet to the headquarters compact administrator. The contents of the referral packet shall be determined by the Commissioner. D. Review by Commissioner. (1) The headquarters compact administrator shall review the referral packet and forward a written recommendation and rationale to the Commissioner for a final decision. (2) If the Commissioner's decision is to disapprove the application, the process shall terminate. A disapproved application may be retained on file at the office of the headquarters compact administrator for future consideration. (3) If the Commissioner's decision is to approve the application, the Application for Interstate Corrections Compact Transfer shall be returned to the headquarters compact administrator, and the Commissioner shall request a review and decision from the other state on the referral packet for the referenced inmate. (4) The case management specialist shall inform the inmate of the Commissioner's decision and may explain the rationale for that decision. E. The headquarters compact administrator shall advise the requesting case management staff of the decision of the receiving signatory state. F. The headquarters compact administrator shall coordinate the arrangements for the transportation of an inmate between the signatory states. G. If each state is transferring an inmate, the headquarters compact administrator and the compact administrator of the other state shall jointly determine whose responsibility it is to transport the inmates. H. When a transfer is effected, all applicable records and allowable property shall be transported with the inmate to the receiving signatory state. I. Receipt of Inmate from Other Signatory State. (1) When Maryland accepts an inmate from another signatory state, a male inmate shall be delivered to the Maryland Reception, Diagnostic and Classification Center, and a female inmate shall be delivered to the Maryland Correctional Institution for Women. (2) After the inmate is received in Maryland, the warden of the Maryland Reception, Diagnostic and Classification Center, or the warden of the Maryland Correctional Institution for Women, shall ensure that: (a) All necessary records are processed to identify the inmate as an Interstate Corrections Compact inmate; and (b) The Maryland Parole Commission is notified by the case management manager or supervisor that the inmate has been received in Maryland as an Interstate Corrections Compact transferee. (3) Following receipt of an inmate from the sending state, a case management specialist at the receiving institution shall complete an admission summary for each inmate under the Interstate Corrections Compact and forward it to the Interstate Corrections Compact office of the sending state. Thereafter, the receiving state shall provide the sending state a semiannual report summary of the inmate's progress and adjustment since the last report, including a recommendation for retention or return. J. The headquarters compact administrator shall monitor and maintain Interstate Corrections Compact files as well as review and process all correspondence between signatory states for inmates who are transferred from Maryland to a signatory state under the Interstate Corrections Compact. K. Inmate Base File. (1) The field compact administrator shall monitor and maintain the inmate base file for an inmate who is transferred from a signatory state to Maryland under the Interstate Corrections Compact. (2) All correspondence between signatory states regarding an Interstate Corrections Compact transferee housed in Maryland shall be reviewed and processed through the applicable case management unit for the field compact administrator unless other direction is given by the headquarters compact administrator. (3) The headquarters compact administrator shall maintain a working file for an inmate who is transferred from a signatory state to Maryland under the Interstate Corrections Compact. L. The case management specialist shall ensure that the field and headquarters compact administrators are kept apprised of significant events pertaining to an inmate, including but not limited to: (1) Movement within the Division; (2) Serious incidents; (3) Parole hearings and results; (4) Judicial matters; (5) Pending release through parole or expiration of sentence; and (6) A request by the inmate to return to the sending state. M. The headquarters compact administrator shall be responsible for updating the Division directive which includes a list of states which are signatory to the Interstate Corrections Compact. #### Regulation .04 Parole to Adjudicated Federal Detainer. *COMAR 12.02.18.04* A. The commitment office supervisor shall: (1) Identify and maintain a list of inmates with adjudicated federal detainers; (2) Delete from the list the name of an inmate who may not be paroled by the Maryland Parole Commission; (3) Delete from the list the name of an inmate who has either an adjudicated detainer from a state other than Maryland for a sentence imposed before the federal sentence was imposed, or a Maryland detainer, and reevaluate the inmate if the disqualifying detainer is lifted; (4) Contact the U.S. Parole Commission office to establish whether a presumptive parole release date has been set for the inmate's federal sentence and, if so, note it; (5) Delete from the list the name of an inmate whose unserved balance of the total Maryland sentence is greater than the unserved balance of the total federal sentence; and (6) Ensure that an inmate whose name is deleted from the list is reevaluated so that the inmate is identified when the unserved balance of the total federal sentence becomes greater than the unserved balance of the total Maryland sentence. B. For each inmate eligible to be paroled to an adjudicated federal detainer, the commitment office supervisor shall complete the referral for parole to adjudicated federal detainer form. C. The warden shall complete Section B on the reverse of the form in §B of this regulation and send it to the Director of Classification at Division headquarters, who shall review the form and submit it to the Commissioner. D. The Commissioner shall complete the reverse of the form in §B of this regulation and send it to the Maryland Parole Commission. ### Chapter 19 — Inmate Leave **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulation .04 amended effective November 22, 1993 (20:23 Md. R. 1805) #### Regulation .01 Purpose. *COMAR 12.02.19.01* The purpose of this chapter is to establish procedures through which an eligible inmate may be granted the privilege of leaving the confinement of a Division institution for a specified period of time. #### Regulation .02 Definitions. *COMAR 12.02.19.02* A. In this chapter, the following terms have the meanings indicated: B. Terms Defined. (1) “Anticipated release date” means a mandatory supervision release date, a mutual agreement programming release date, release by expiration of sentence, or a scheduled parole release date. (2) “Case management plan” means a written individualized program plan for an inmate that is developed in accordance with Division regulations. This plan is developed to address each inmate's risks and needs. The plan stipulates: (a) Programming; (b) Institutional transfer; and (c) Changes in custody for the inmate. (3) “Commissioner” means Commissioner of the Division of Correction or designee. (4) “Division” means Division of Correction. (5) Immediate Family. For the purpose of: (a) Compassionate leave, “immediate family” means an inmate's spouse, natural grandparents, parents, siblings, children, grandchildren, and persons who have these relationships through adoption; (b) Family leave, “immediate family” means an inmate's mother, father, legal guardian, sister, brother, wife, husband, and children who have attained majority. (6) “Mutual agreement programming” means a process in which the division, the Maryland Parole Commission, and an inmate enter into a written program agreement. This agreement stipulates programming, institutional transfer, and a guaranteed parole release date if the inmate successfully completes all stipulations of the agreement. (7) “Security level” means the level of supervision provided to an inmate in accordance with COMAR 12.12.08. #### Regulation .03 Family Leave. *COMAR 12.02.19.03* 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. B. Procedure. (1) An inmate shall be informed of family leave eligibility requirements by a classification counselor. (2) An inmate shall request family leave status through the inmate classification counselor. (3) An inmate shall submit to the classification counselor the name, relationship, address, and telephone number of the family leave sponsor. (4) The family leave sponsor shall provide institutional staff with a written agreement that lodging and transportation will be provided. (5) An inmate shall submit the name, address, and telephone number of the person providing transportation unless permission to use public transportation has been approved by appropriate institutional staff. (6) Upon receipt of necessary forms and information, a classification counselor shall: (a) Complete a family leave status application; (b) Make a recommendation for or against approval, and provide a supporting rationale; (c) Sign the application; and (d) Forward the application to the family leave classification team. (7) A classification team shall: (a) Review the application in the presence of the inmate; (b) Make a recommendation for or against approval and provide a supporting rationale; and (c) Forward the application to the warden or facility administrator of the facility. (8) The warden or facility administrator shall: (a) Act only on a family leave status application recommended for approval by the classification team; (b) Concur or not concur with the recommendation of the classification team; and (c) If both the warden or facility administrator and the classification team recommend approval, forward the application to the Commissioner. (9) The Commissioner shall: (a) Review the family leave status application; and (b) Approve or disapprove the application. (10) After final action, the original application shall be filed in the inmate base file and a copy shall be given to the inmate. (11) Family leave frequency shall be determined based on the following criteria: (a) An inmate on active work release and within 4 months of an anticipated release is eligible for a maximum of one family leave every 2 weeks; (b) An inmate on active work release, or assigned to institutional jobs or school on a full-time basis, is eligible for a maximum of one family leave a month; (c) A prerelease security level inmate assigned to an institutional job or school on less than a full-time basis is eligible for a maximum of one family leave every 3 months; and (d) A prerelease security inmate who does not have work release status, an anticipated released date, an institutional job, or a school assignment is eligible for a maximum of one family leave every 4 months. (12) A classification counselor shall complete a family leave authorization at least 1 week in advance of the leave and, if the inmate is: (a) In the Maryland Correctional Prerelease System, forward it to the facility administrator who shall certify the information on the authorization form and approve by signing the leave authorization; or (b) Housed at another institution, forward the authorization form to the assistant warden. (13) The facility administrator or assistant warden, acting as the Commissioner's designee, shall approve or disapprove a particular leave and return the authorization to the assigned classification counselor. (14) The counselor shall distribute the authorization form and, if the warden has approved the leave, take the actions necessary to implement and monitor the leave. (15) A copy of the leave authorization shall be filed by the Commissioner in his office as a public record. #### Regulation .04 Special Leave. *COMAR 12.02.19.04* 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. (2) Special leave may not be used to allow the inmate to: (a) Attend college; or (b) Be tested for college. C. Special Leave—12 Hours Per Day. (1) An inmate classified to prerelease security may be authorized special leave for a period not to exceed 12 hours per day for any of the following reasons: (a) To attend a Maryland trade licensing examination, or to take a civil service examination; (b) To attend an employment interview in Maryland, provided that a prospective employer initiates a request to the inmate's case management specialist; (c) To attend an educational or vocational training interview or registration within Maryland; (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; (h) To attend mental health or substance abuse treatment, or both, or to attend an interview for mental health or substance abuse treatment, or both, in Maryland when this treatment is not available in the Division. (2) Special leave may not be used to allow the inmate to: (a) Attend college; or (b) Be tested for college. D. Special Leave Approval Process. (1) A warden shall ensure that each special leave is: (a) Recommended for approval by a Division case management team; (b) Reviewed and approved by the warden or the warden's designee; and (c) Reviewed and approved by the Commissioner or Deputy Commissioner. (2) 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 designee shall retain the discretion to terminate the participation of an inmate in this program at any time for a reason or no reason. #### Regulation .05 Compassionate Leave. *COMAR 12.02.19.05* 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. (2) Each warden shall ensure that a compassionate leave is requested on the inmate leave request and authorization form. (3) Each warden shall ensure that the inmate leave request and authorization form is verified by appropriate institutional staff. (4) A compassionate leave shall be approved by the warden or facility administrator with the concurrence of the Commissioner or duty officer. (5) The warden shall establish security requirements for compassionate leave. ### Chapter 20 — Inmate Mail *Repealed* **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulations .01—.08 repealed effective February 19, 2024 (51:3 Md. R.154) ### Chapter 21 — Inmate Marriage **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451) #### Regulation .01 Purpose. *COMAR 12.02.21.01* 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. C. This chapter is not intended to infringe upon an individual’s statutory right to marry, but does govern how the legal right to marry may be exercised when the marriage involves an inmate confined in a Department correctional facility. #### Regulation .02 Definitions. *COMAR 12.02.21.02* 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. #### Regulation .03 Eligibility. *COMAR 12.02.21.03* 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. C. An inmate shall be mentally competent according to State law. #### Regulation .04 Inmate Records. *COMAR 12.02.21.04* 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. #### Regulation .05 Requesting to Marry an Inmate at a Correctional Facility. *COMAR 12.02.21.05* 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 (b) From the intended spouse, the intended spouse’s: (i) Full name; (ii) Current address; (iii) Current telephone number; (iv) Date of birth; (v) Social security number; (vi) Statement indicating that the intended spouse has reviewed or declines to view the inmate’s correctional history; and (vii) Correctional or law enforcement volunteer or employment history, if applicable; and (2) At least 60 business days before the date requested for the ceremony. C. If requested, a managing official may approve up to three sessions of premarital counseling involving the inmate, intended spouse, and approved officiant. D. Only the managing official of the correctional facility where an inmate is requesting to marry may authorize an inmate to marry at the correctional facility. E. A managing official may not require a chaplain or other religious leader under the authority of the managing official to participate in the inmate marriage process established under this chapter if the chaplain or other religious leader has a religious constraint. #### Regulation .06 Processing a Request to Marry an Inmate at a Correctional Facility. *COMAR 12.02.21.06* 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 inmates 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. C. The designee processing a request under §A of this regulation shall: (1) Review the information provided by the inmate and intended spouse, or additional information requested of the parties; and (2) Determine if the requested marriage: (a) Meets eligibility requirements established under Regulation .03 of this chapter; (b) Meets minimum requirements established under §B(2)(a) of this regulation; and (c) Would not pose a risk to security or the orderly operation of the facility based on the information considered under §B(2)(b) of this regulation. D. If the designee determines that the inmate marriage does not meet minimum requirements under §C(2) of this regulation the designee shall: (1) Prepare a written recommendation to deny the request; (2) Include in the recommendation the basis for the recommendation; and (3) Forward the recommendation to the managing official no later than 10 business days after being designated to process the request. E. A managing official receiving a recommendation under §D of this regulation may: (1) Accept the recommendation, in which case the managing official shall notify the designee to advise the inmate and intended spouse, in writing, that: (a) The marriage ceremony will not be permitted at the correctional facility and the reasons; and (b) Unless the inmate demonstrates significant change in the circumstances on which the denial is based as provided under §E(1)(a) of this regulation the managing official’s decision is final with no opportunity for appeal; or (2) Not accept the recommendation and advise the designee to continue to process the request: (a) As submitted; or (b) With modification to the original submission. F. If the designee finds the request meets requirements under §C of this regulation or the managing official directs that the designee continue to process the request, with or without modification, under §E(2) of this regulation, the designee shall process the request as specified under Regulation .07 of this chapter. #### Regulation .07 Authorization — Request to Marry an Inmate at a Correctional Facility. *COMAR 12.02.21.07* 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 (2) Advise the inmate that: (a) The inmate, or the intended spouse, is responsible for expenses related to the marriage, for example, the marriage license fee and expenses for the ceremony and officiant; (b) The intended spouse is responsible for obtaining the marriage license in the county where the inmate’s correctional facility is located; (c) The intended spouse is responsible for providing a legally accepted copy of the marriage license to the coordinator (submitted with the completed Inmate Marriage Information sheet); (d) A Department officiant may not participate in the arrangements for the inmate marriage and the intended spouse is responsible for obtaining the services of an officiant and notifying the coordinator in writing (included in the completed Inmate Marriage Information sheet); (e) The intended spouse is required to obtain a list of items the officiant intends to use at the ceremony (included with the Inmate Marriage Information sheet); (f) A maximum of four guests (identification information is required to be included in the Inmate Marriage Information sheet) may be permitted to attend the marriage ceremony based on: (i) The intended spouse and officiant are not counted as guests; and (ii) Any individual under 18 years old, including an infant, shall be counted as a guest; (g) The intended spouse, officiant, and guests are required to comply with all policy and procedure and COMAR regarding visitors to the facility; and (h) The maximum time permitted for conducting the marriage ceremony and post-ceremony visitation is 2 hours. C. Upon receipt of the information required under §B of this regulation by the designee, the designee shall, as soon as possible after receipt, present the information to the inmate’s managing official for review and authorization of the request to marry an inmate at the correctional facility. D. A managing official shall review the information received in connection with the request to marry an inmate at the correctional facility and notify the designee that the information is: (1) Acceptable and that authorization to marry the inmate at the correctional facility is granted; or (2) Not acceptable and the request to marry an inmate at the correctional facility is denied. E. If the request to marry an inmate at the correctional facility is denied under §D(2) of this regulation, the designee shall notify the inmate and intended spouse, in writing: (1) Of the denial; (2) Of the reason for the denial; and (3) Unless the inmate demonstrates significant change in the circumstances on which the denial is based as provided under §E(2) of this regulation, the denial is final with no opportunity for appeal. F. If the managing official authorizes a request to marry an inmate at the correctional facility, as part of the authorization, the managing official may: (1) Limit the number of guests to less than four; (2) Deny attendance of a specific requested guest; (3) Reduce the time permitted for conducting the marriage ceremony and post-ceremony visitation; (4) Deny the use of items to be used by the officiant; (5) Approve the original date and time requested for the ceremony; or (6) Establish an alternate date and time for the ceremony. #### Regulation .08 Arrangements for Inmate Marriage Ceremony. *COMAR 12.02.21.08* 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. C. After the ceremony is completed, the inmate or the inmate’s spouse shall: (1) Immediately obtain a copy of the certificate of marriage signed by the officiant; and (2) Within 5 business days of the date of the ceremony provide the designee with a copy of the court-approved certificate of marriage. D. Upon receipt of the court-approved certificate of marriage, the designee shall forward all documents related to the inmate’s marriage to Case Management for inclusion in the inmate’s base file. #### Regulation .09 Nondisciplinary Inmate Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility. *COMAR 12.02.21.09* 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. C. After review of the information concerning the request and authorization, the new managing official may, according to provisions established under this chapter: (1) Overturn the previous managing official’s authorization and deny the request to marry an inmate at the new correctional facility; or (2) Modify the previous managing official’s authorization. D. Notifications and arrangements related to conducting the marriage ceremony at the receiving correctional facility shall be in accord with those established in this chapter. #### Regulation .10 Disciplinary Inmate Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility. *COMAR 12.02.21.10* 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. #### Regulation .11 Federal or Interstate Corrections Compact Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility. *COMAR 12.02.21.11* 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. B. If an inmate under §A of this regulation submits a request to marry at the correctional facility to a Department managing official, the managing official, or a designee, shall include contact with and input from the inmate’s responsible jurisdiction as part of processing the request to marry at the correctional facility as established under this chapter. #### Regulation .12 Housing a Married Inmate. *COMAR 12.02.21.12* 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. ### Chapter 22 — Inmate Deaths **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Definitions. *COMAR 12.02.22.01* 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. #### Regulation .02 Handling Death of Inmate. *COMAR 12.02.22.02* 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. (2) The shift commander shall preserve the scene, and after receiving clearance to do so from the investigating agency, appropriate staff shall inventory and secure the deceased inmate's property within the institution. (3) For the purpose of positive identification, the institutional identification officer shall take fingerprints of the deceased and prepare a notice of death for the Federal Bureau of Investigation. (4) The institution shall obtain two copies of the autopsy report when appropriate. The autopsy reports shall be distributed as follows: (a) One copy shall be placed in the inmate base file; and (b) One copy shall be forwarded to Division headquarters for inclusion in the serious incident report. (5) The next of kin shall be notified by the institution chaplain or designee. B. When an inmate is known to have died while in a hospital other than a Division of Correction hospital, the Commissioner shall ensure that the following action is taken after the medical doctor on the scene has pronounced the inmate dead. The responsible correctional officer on duty at the hospital at the time of the inmate's death shall: (1) Notify the institutional shift commander, and the shift commander or designee shall notify the Director of Health Services, Division headquarters; (2) Obtain a receipt for the body before leaving the hospital; (3) Inventory the inmate's personal possessions at the hospital; and (4) Return the property to the institutional property officer. C. When an inmate is known to have died of natural causes in a Division of Correction hospital or medical unit, the Commissioner shall ensure that each warden takes the following actions after the medical doctor on the scene has pronounced the inmate dead: (1) Notify the institution shift commander, and the shift commander or designee shall notify the Director of Health Services, Division headquarters; (2) Obtain a receipt for the body before leaving the hospital; (3) Inventory the inmate's personal possessions in the hospital; and (4) Return the property to the institutional property officer. D. After the required immediate actions have been taken and the initial notifications have been made, the Commissioner shall ensure that a warden: (1) Secures three copies of the death certificate from the Division of Vital Records to be distributed as follows: (a) One copy shall be placed in the inmate's base file, (b) One copy shall be given or mailed to the next of kin, and (c) One copy shall be included in the serious incident report; (2) Ensures that the provisions of Regulation .03 are followed in cases when the next of kin intends to claim the body, when both the next of kin and the inmate are indigent; (3) Advises the next of kin to seek assistance of legal counsel to obtain authority to receive the personal property of the inmate; (4) In accordance with Division regulations: (a) Releases the inmate's personal property and money to a person who produces a letter of administration issued by a court, (b) Obtains a receipt and files it with the inmate's base file. #### Regulation .03 Eligibility for Funeral and Burial Expenses of Indigent Inmates. *COMAR 12.02.22.03* A. The warden or designee shall refer a family member of the deceased indigent inmate to the Department of Human Services 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 Services by current eligibility for one of the following: (1) Cash benefit support; (2) Food stamps; or (3) Medical assistance. C. The Commissioner shall ensure the verification of current eligibility is determined by confirmation from a local agency of the Maryland Department of Human Services. D. A family member assuming responsibility for burial shall visit the local Department of Human Services agency to complete the appropriate form to initiate application for Division funeral and burial expenses. E. Upon eligibility confirmation and receipt of the vendor's billing statement, the funds shall be paid by the Division directly to the funeral director of the family's choice. F. The amount of the eligibility entitlement supplements available funds, including the inmate's account, as specified in Article 88A, Sec. 62A, Annotated Code of Maryland. G. If the body of the indigent inmate is not claimed within 48 hours, the warden or warden's designee shall coordinate disposition of the body with the State Anatomy Board. ### Chapter 23 — Serious Illness or Injury of Inmate **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) #### Regulation .01 Procedure. *COMAR 12.02.23.01* 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. B. Upon notification of serious illness or injury to an inmate, the warden or designee shall contact an inmate's next of kin and inform them of the inmate's condition. ### Chapter 24 — Case Management **Authority:** Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Chapter revised effective June 23, 2003 (30:12 Md. R. 789) **Administrative History:** Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660) **Administrative History:** Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635) #### Regulation .01 Definitions. *COMAR 12.02.24.01* 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. #### Regulation .02 Case Management. *COMAR 12.02.24.02* 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. B. The Commissioner or the Commissioner's designee may: (1) Modify, suspend, or terminate the case management process; or (2) Modify the classification and assignment of any inmate. C. Security and Housing Classification Requirements. (1) An inmate returned to custody after an escape from an assignment to a minimum security or pre-release facility shall be housed in a medium security facility without case management action. (2) Upon receipt into the custody of the Commissioner, an inmate sentenced to life imprisonment or the death penalty shall be classified at the maximum security level. D. A recommendation based on a case management determination that an inmate is eligible for a change in the inmate's classification level may not entitle the inmate to the change. E. An inmate may appeal the case management actions. F. An informal appeal under §E of this regulation shall be made in writing to the: (1) Warden for case management actions if the warden is the final approving authority; or (2) Commissioner for case management actions if the Commissioner is the final approving authority. G. A formal appeal under §E of this regulation shall be made to the Inmate Grievance Office according to procedures established by the Inmate Grievance Office. H. The Commissioner shall ensure that: (1) Employees involved in the case management process are trained in the case management requirements; (2) A review of the case management regulations is part of orientation for a newly received inmate; and (3) An authorized terminal operator enters complete and accurate case management information concerning initial security designation and security reclassifications in the inmate's record. #### Regulation .03 Case Management Review Team. *COMAR 12.02.24.03* 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; (2) The inmate's assigned case manager, if available; and (3) A correctional officer holding the rank of sergeant or above. B. In addition to the members identified in §A of this regulation, any of the following employees are encouraged to be part of the team: (1) Psychologist; (2) Vocational or academic instructor, or both; (3) State Use Industries manager or designee; or (4) Social worker. #### Regulation .04 Case Management Procedure. *COMAR 12.02.24.04* 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. B. The case manager assigned to the inmate shall prepare the proper documentation and submit the paperwork to the case management supervisor. C. The case management supervisor shall: (1) Review the documentation; (2) Develop and record recommendations and rationale; (3) Sign the form; (4) Ensure that, if a nonconcurrence is recorded, a brief explanation is included on the form; (5) Ensure that, if a crime victim has filed a request for the reading of the victim impact statement, the statement is read during a case management review where the inmate is considered for: (a) Family leave; (b) Special leave; or (c) Home detention; and (6) Forward the form to the warden or the warden's designee. D. Review. (1) A warden should review all case management recommendations. (2) Except for those actions identified by law requiring a warden's review, a designee may be assigned to conduct reviews of case management actions. E. The warden, or if permitted, a designee, shall review case management actions that: (1) Override a recommendation of reclassification; (2) Involve an increase or decrease in an inmate's security level; (3) Affect work release; (4) Affect community adult rehabilitation center transfers; or (5) Affect case management recommendations which require the warden's review. F. The warden or designee may: (1) Approve the case management recommendations; or (2) Provide a written rationale for: (a) Disapproving the recommendations; (b) Ordering further action on the proposal; or (c) Deciding a course of action different than that recommended. G. Except for actions under §H of this regulation, a warden or if permitted, a warden's designee, shall sign and date the appropriate case management form and return the document to the inmate's assigned case manager for processing. H. After completing the following case management outcomes, a warden or designee shall forward the case to the Commissioner for review: (1) Transfer to the Maryland Correctional Adjustment Center; (2) Special leave; (3) Interstate Corrections Compact transfer; or (4) Case management recommendations regarding contractual transfer to the Federal Bureau of Prisons, regardless of case management or warden's recommendation. I. The Commissioner of Correction shall review the warden's recommendation concerning issues in §H of this regulation and have the same options as identified for the warden under §F of this regulation. #### Regulation .05 Inmate Programming. *COMAR 12.02.24.05* 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. B. A multidisciplinary approach to programming shall be used in the case management process. C. The Division shall determine inmate eligibility for programming based on: (1) The number of inmates that can be served with available program resources; and (2) The principle that inmates closest to release from incarceration have priority for receiving program services. D. Inmate participation in programming may be restricted: (1) If the inmate is in special confinement housing, such as administrative or disciplinary segregation, or protective custody and demonstrates other special needs based on: (a) Aggressive behavior; (b) A medical or mental health condition; or (c) Victimization; (2) Consistent with established case management procedures, if the inmate’s case manager or other authorized staff member determines that participation in programming while in special confinement housing would pose a threat to: (a) Facility safety and security; or (b) The safety of the inmate, staff, or other participants; or (3) Because programming in the special confinement housing status at the facility: (a) Is not available to an inmate; or (b) Would not be beneficial to the inmate. E. An inmate is expected to recognize and communicate the inmate's own needs. F. For an inmate to progress to lower levels of security the inmate shall: (1) Meet objective classification criteria; and (2) Participate in programs planned to address the inmate's needs. G. Consistent with available resources, the Division shall provide an inmate with programs which address the inmate's needs. H. Upon receipt of the final decision on a case management recommendation, the inmate's case manager shall: (1) Notify the inmate of the final result; (2) Distribute the required form; and (3) Ensure that the final result is recorded on the inmate institutional progress sheet, along with the date of the final action. I. The case manager shall monitor assigned case management plans to ensure that each is being implemented. The case manager shall: (1) Take appropriate action to ensure that program activities are conducted as scheduled in the plan; (2) Regularly: (a) Assess inmate progress; (b) Provide counseling when necessary; and (c) If appropriate, propose changes to the plan; and (3) Report to a supervisor each incident where a case management program plan requirement has not been implemented. #### Regulation .06 Case Management Parole Hearing Procedures. *COMAR 12.02.24.06* 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. (2) Upon receipt of a list of inmates scheduled for a parole hearing, a case management supervisor shall assign a case manager to complete and distribute, at least 20 days before the date of the first hearing, a pre-parole summary for each inmate scheduled. (3) A case management supervisor shall ensure that: (a) The inmate's assigned case manager or a designated case manager attends an inmate's parole hearing; and (b) The inmate's record is available at the parole hearing. (4) For programming purposes, an inmate may be considered for an early parole hearing if the inmate: (a) Has a term of confinement that does not exceed 16 years; (b) Is not presently incarcerated because of parole or mandatory release revocation; (c) Is not presently incarcerated for violation of probation which resulted from the commission of a new offense; or (d) Does not have two prior sentences of 6 months or more. (5) The case manager shall record the case manager's recommendation concerning the inmate's request for an early parole hearing and related rationale on a classification assignment sheet and forward it to the warden for review. (6) The warden shall conduct those activities as provided under Regulation .04D—F of this chapter. (7) A warden approving the recommendation for an early parole hearing shall send a written request that includes the rationale for the action to the Commission for approval. B. Post-Parole Hearing Procedures. (1) If the parole hearing results in a decision to hold the case for additional information or an administrative refusal, within 30 calendar days the inmate's assigned case manager shall: (a) Take action to resolve the reason, or reasons, for the decision to hold the case or the administrative refusal; and (b) Notify the Commission employee conducting the parole hearing that the identified issue or issues has or have been addressed. (2) Except for cases decided by two or more parole commissioners, the inmate may file a written exception to the decision within 5 days of the final written parole decision. (3) If an inmate is approved for parole and is subsequently convicted of a Category I, II, or III infraction as determined by the Commissioner of Correction or is reclassified to greater security level, the inmate's case manager shall notify the Commission in writing of the conviction or increase in security level, or both, not later than 5 working days from date of conviction or reclassification, or sooner if parole is imminent. (4) After receipt of the Division's report under §B(3) of this regulation, the Commission may take action considered appropriate including suspending the decision to approve the parole and scheduling a subsequent hearing to: (a) Rescind the decision to approve; (b) Extend the date of parole release; or (c) Affirm the original decision. (5) After a parole hearing decision to disapprove an inmate for parole, the inmate's case manager shall: (a) Counsel the inmate on the effect the parole decision has on the inmate's status and future programming; and (b) Refer the inmate, based on the inmate's proximity for release, for case management review which may recommend continuing or changing the inmate's assignment, housing, or security or custody levels. #### Regulation .07 Inmate Case Records. *COMAR 12.02.24.07* 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. (2) The Division shall work with State and local officials to obtain information for the inmate case record. B. Access to Inmate Case Records. (1) Except for a record of a presentence investigation, a warden may grant access to inmate case records without a written request to: (a) A medical service provider if the information is necessary to provide proper medical care; (b) An individual authorized by court order; (c) An individual authorized by law; (d) A Maryland judge; and (e) A State's attorney. (2) Except for a record of a presentence investigation, a warden may grant access to inmate case records upon a written request to: (a) Employees of a State department or agency if the request is in the furtherance of the employee's lawful duties; (b) Employees of a State, federal, or local law enforcement agency, if the request is in the furtherance of the employee's lawful duties; (c) The inmate's attorney; and (d) Inmates or individuals who have written authorization from the inmate or inmates whose record or records are to be accessed. (3) Before a warden grants access to an individual identified in §B(1) and (2) of this regulation, except for a Maryland judge or a State's attorney, the warden shall establish that the records: (a) Shall be used only for legitimate business related purposes of the individual or agency; and (b) May not be further disseminated to a person or government unit not authorized to review the records. (4) A warden shall grant access to an inmate's presentence investigation report only to: (a) The inmate; (b) The inmate's attorney; (c) A State's attorney; (d) A party when authorization is granted by a court order; (e) A correctional institution; (f) A parole, probation, or pretrial release official of this State, any other state, or the United States; (g) A public or private mental health facility in this State or another state if the inmate has been or is being evaluated for commitment for treatment as a condition of probation; or (h) A community substance abuse treatment provider in this State or another state if the inmate will be treated or evaluated for treatment by the provider as a condition of probation. (5) The warden shall ensure that: (a) Inmate case records are reviewed in the presence of an institution employee; (b) A fee, established under §I of this regulation, is collected for photocopies; and (c) A log is maintained reflecting the: (i) Date of review; (ii) Name of the inmate whose record was reviewed; (iii) Commitment number of the inmate whose record was reviewed; (iv) Name of the person requesting access and conducting the review; (v) Reason for the request; and (vi) Warden's signature for each approved request for access to inmate case records. C. Attorney Access to Inmate Case Records. (1) An attorney requesting access to an inmate's record shall: (a) Make a written request to the warden; (b) Make the request with a minimum of 24 hours notice; (c) Provide a specific reason for the request, which shall include the factual basis for a need for legal purposes; and (d) Before accessing the record: (i) Provide written authorization for release of the records signed by the inmate; and (ii) Display proper identification. (2) An attorney may be granted access to only those records specifically requested under §B of this regulation. (3) If the records are to be reviewed by an employee or agent of the attorney making the request, proper identification shall be produced by the attorney's employee or agent before access to the record is granted. D. Access to Inmate Medical Records. (1) Inmate medical records are the property of the Division and maintained by a contracted medical provider. (2) A request for records under this section shall be made in writing to the warden. (3) The warden shall review and forward the request to the contracted medical provider. (4) The medical provider shall arrange for the records to be forwarded to the warden who shall arrange for review by the inmate. (5) Following the inmate's review, the warden shall ensure that the records are returned to the medical provider. E. Inmate Access to the Inmate's Case Record. (1) For an inmate to access that inmate's case record, the inmate shall submit a written request for records review to the warden. (2) The warden shall acknowledge receipt of the request. (3) The inmate's name shall be recorded on a list maintained by the records department of inmates requesting record review. (4) Within a reasonable period of time, record department personnel shall schedule the inmate's record review. (5) Records department personnel shall ensure that material that an inmate may not have access to is removed before the scheduled review. Under this section, an inmate is not entitled to review: (a) Presentence investigation documents; (b) Medical records; and (c) Mental health records. (6) An inmate shall be permitted to review the inmate's record once every 6 months, unless additional reviews are approved by the warden. F. Inmate Access to Psychological Information. (1) An inmate may obtain access to psychological information in the inmate's record by a written request to the warden. (2) A warden shall review an inmate's request with the appropriate psychology staff and determine if access may be granted. (3) Access to psychological information shall be determined according to the provisions under Health-General Article, §4-307, Annotated Code of Maryland. (4) If access is denied, the warden shall ensure that a summary of the records that are compatible with the inmate's current level of functioning is prepared and made available to the inmate. G. Documenting Access and Denial of Access to Records. (1) If access is granted, a record of the review shall be placed in the inmate's record. (2) If access is denied, the person making the request shall be notified in writing and a copy of the notification shall be included in the inmate's record. H. Appeals. (1) An appeal of a warden's decision to deny access to inmate records may be made to the Commissioner of Correction. (2) The Commissioner shall make a final determination on the request as provided under COMAR 12.11.02.11. I. Fees. (1) The custodian of records shall collect a fee for copying and a fee for preparation of the materials from the requesting party. (2) A fee may not be charged for the first 2 hours of official employee time that is needed to respond to a request. (3) Fees for copies and preparation time shall be posted in the records department. (4) A charge may only be made for a total that is greater than $1. (5) If it best serves the public interest, the warden may waive costs associated with preparation and providing copies. (6) Photocopies may not be provided unless: (a) Procedures have been followed to withdraw the cost from the inmate's financial account; or (b) For noninmate requests, after arrangements for payment by the requesting party have been made. #### Regulation .08 Request for Inmate Case Records Maintained at the State Records Center. *COMAR 12.02.24.08* 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. B. When the records are no longer needed, the case management manager, supervisor, or designee shall return the records to the State Records Center. #### Regulation .09 Waiver of Extradition. *COMAR 12.02.24.09* 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. ### Chapter 25 — Mutual Agreement Programming **Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland **Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117) **Administrative History:** Regulation .01B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554) **Administrative History:** Regulation .02B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554) **Administrative History:** Regulation .03 amended effective April 8, 1996 (23:7 Md. R. 554) #### Regulation .01 Definitions. *COMAR 12.02.25.01* 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. #### Regulation .02 Eligibility Criteria. *COMAR 12.02.25.02* 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. #### Regulation .03 Procedure. *COMAR 12.02.25.03* 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. B. In addition to having the MAP negotiation parameters approved by the Commissioner, final approval of a MAP agreement requires the agreement and signature of: (1) The inmate; (2) A representative from the Parole Commission; and (3) The Commissioner. C. The inmate's case management specialist shall be responsible for monitoring the progress of each MAP agreement to ensure that it is being implemented. The case management specialist shall: (1) Take appropriate action to ensure that all scheduled activity is carried out within the time criteria established in the agreement; (2) Routinely assess the progress of an inmate, provide counseling when necessary, and propose changes in the agreement when necessary; and (3) Report each incident of failure to implement a requirement of the agreement to the case management unit at Division headquarters. D. When a violation of the MAP agreement is reported, staff of the case management unit shall determine, under the terms of the agreement, whether the reported facts constitute a violation of specific agreement criteria. If it is determined that a violation has occurred, case management unit staff shall prepare a written notice describing the breach of the terms of the agreement. Case management staff shall: (1) Recommend cancellation of the agreement; or (2) Recommend amending the terms of the agreement and forward copies of the recommendation to the: (a) Inmate, and (b) Maryland Parole Commission. E. A MAP agreement may be cancelled if the terms of the agreement have been violated, or new information is received which was not known before the MAP negotiation hearing, and at least one of the signers of the agreement requires cancellation. A MAP agreement may also be cancelled at any time at the inmate's written request for any reason. Once a MAP agreement is cancelled, the inmate is subject to routine classification and parole procedures. F. Completion of Terms of MAP Agreement. (1) Upon completion of the terms of the MAP agreement, the inmate's case management specialist shall provide the case management unit staff with certification that the inmate has successfully completed the requirements of the agreement. (2) Case management unit staff shall review and verify the information in §F(1) and forward it to the Parole Commission before the inmate's scheduled release date. (3) Parole Commission staff shall then ensure that, contingent upon successful completion of all criteria of the MAP agreement, the inmate shall be released as scheduled. ### Chapter 26 — Home Detention Program **Authority:** Correctional Services Article, §3-414, Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991 **Administrative History:** Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645) **Administrative History:** Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207) #### Regulation .01 Purpose. *COMAR 12.02.26.01* 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. #### Regulation .02 Definitions. *COMAR 12.02.26.02* 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. #### Regulation .03 Organization and Staffing. *COMAR 12.02.26.03* 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. #### Regulation .04 Enforcement. *COMAR 12.02.26.04* 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. B. An individual designated by the Commissioner with arrest powers shall comply with all of the following: (1) Satisfactorily complete a training program prescribed by the Maryland Police Training Commission; (2) Satisfactorily complete required in-service training approved by the Maryland Police Training Commission, which training shall be completed during the calendar year following completion of the training program in §B(1) of this regulation; (3) As a part of the in-service training, qualify annually on authorized firearms and intermediate weapons in courses approved by the Maryland Police Training Commission. C. Administrative Search Warrant. Pursuant to Correctional Services Article, §3-415, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may petition a District Court or circuit court for an administrative search warrant within the jurisdiction where an inmate's approved residence is located, for the purpose of gaining entry to an inmate's residence to locate and return the inmate to institutional custody. D. Removal of an Inmate From the Program. (1) Pursuant to Correctional Services Article, §3-413, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may remove an inmate from home detention participation and return the inmate to institutional custody. (2) In addition to the Commissioner or the Commissioner's designee, a unit correctional officer or a designated member of the Division's investigation unit is authorized to order and direct removal of an inmate from program participation, if written documentation is submitted to and approved by the administrator before the end of the officer's shift in which the inmate was removed. (3) An inmate may be removed from program participation for any reason, including, but not limited to: (a) Violation of a program rule as set forth in Regulation .08 of this chapter; (b) Medical reason, including mental health problems; (c) Recommendation of program staff that an inmate is: (i) Unable to maintain a functional home environment, (ii) Under reasonable suspicion of child abuse or neglect, (iii) Under reasonable suspicion of physically abusing an individual in the household, or (iv) Under reasonable suspicion that an individual in the inmate's home is creating an environment detrimental to the inmate. E. Pursuant to Correctional Services Article, §3-409, Annotated Code of Maryland, the willful violation by an inmate of a condition of program placement is a misdemeanor and, on conviction, is punishable for up to 12 months incarceration. The warden, assistant warden, administrator, or assistant administrator may, at their discretion, approve to petition the District Court in the jurisdiction where an inmate resides, with a statement of charges to charge an inmate with a violation of this regulation. Prosecution of an inmate under this regulation may be in addition to other administrative disciplinary action taken by the Division. F. An inmate convicted of a violation of Correctional Services Article, §3-409, Annotated Code of Maryland, shall lose previously earned credits for good conduct in an amount determined by an adjustment hearing officer during an adjustment hearing. G. An administrative disciplinary action taken against an inmate shall be performed in accordance with current Division policy on inmate discipline. H. An inmate may be considered as an escapee when: (1) Absent from an assigned location; and (2) The inmate's location is unknown by program staff. #### Regulation .05 Inmate Eligibility Criteria. *COMAR 12.02.26.05* 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. C. An inmate is ineligible for home detention placement if the inmate: (1) Is serving a life sentence; (2) Has ever been convicted of or is now serving a sentence for a crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, unless: (a) 5 years have elapsed since expiration of sentence for the crime of violence, or (b) The inmate is within 90 days of release on parole expiration or mandatory supervision; (3) Has ever been convicted of the crime of child abuse under Criminal Law Article, §3-601, Annotated Code of Maryland; (4) Has ever been found guilty of escape under Criminal Law Article, §9-404, Annotated Code of Maryland; (5) Has a detainer or pending charge, with the exception of a: (a) Payable fine, (b) Civil contempt of court offense, or (c) Traffic offense, excluding manslaughter and homicide by a motor vehicle; (6) Except when the inmate has been convicted of civil contempt of court, is more than 18 months from a definite release date; (7) Is classified to maximum or super maximum security; or (8) Does not have a telephone and home plan within the program catchment area. D. An inmate who has more than 6 months remaining before release at the time of home detention placement is ineligible if the inmate: (1) Is currently serving a sentence for the manufacturing, distribution, possession with intent to distribute, or conspiracy to distribute a controlled dangerous substance as defined by the Annotated Code of Maryland; or (2) Has been previously removed from home detention placement for violation of a program rule during the inmate's current incarceration. E. An inmate shall meet the following criteria to be eligible for placement into home detention: (1) Has had no convictions for a category I or II rule violation for the past 6 months; (2) Has signed a waiver of extradition; (3) Is within 18 months of a: (a) Mutual agreement programming release date, (b) Delayed parole release date, or (c) Mandatory supervision release date; (4) Agrees to accept approved employment; (5) Has no chronic medical problem that would preclude the inmate's placement; (6) Has a telephone in the inmate's approved residence. #### Regulation .06 Approving an Inmate for Home Detention Placement. *COMAR 12.02.26.06* 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. #### Regulation .07 Placement of an Inmate Into Home Detention. *COMAR 12.02.26.07* 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. B. Following orientation, an inmate shall be transported to the inmate's approved residence where program staff shall: (1) Install and test assigned electronic supervision equipment; and (2) Review with the inmate work, treatment, and home schedules. C. Following placement, program staff, upon request of the local police of the jurisdiction in which an inmate resides, shall notify the police in writing of the inmate's placement. D. Program staff shall provide an inmate's employer with: (1) A copy of home detention requirements which the employer and the inmate are required to follow; and (2) An orientation to the program which includes the Division's expectations of a participating employer. #### Regulation .08 Program Rules for an Inmate Assigned to Home Detention. *COMAR 12.02.26.08* 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. (2) An inmate may not violate a city, State, or federal law, and arrest or formal placement of a charge against an inmate for violation of a law shall result in removal from home detention placement. (3) An inmate may not own, possess, use, or have under the inmate's control a firearm or weapon. (4) An inmate is subject to search on demand by program staff of the inmate's person, vehicle, and residence. (5) An inmate may not deny entrance to the inmate's approved residence to program staff. (6) An inmate shall agree to see program staff on demand at the inmate's place of employment or at a location in the community designated by program staff. (7) An inmate may not use, or have on the inmate's person or under the inmate's control, an alcoholic beverage. (8) An inmate may not enter a location that serves or sells an alcoholic beverage, including but not limited to a bar, club, group meeting, or party. (9) An inmate may not: (a) Use or possess a controlled dangerous substance; or (b) Consume medication which is not prescribed by a physician and preapproved by program staff. (10) An inmate is subject to urinalysis or another form of drug testing on demand by program staff. (11) An inmate may be required to maintain employment in the private sector or through public service or community service assignment as approved by program staff. (12) An inmate may not change employment without the prior approval of program staff. (13) Loss of employment, unless no fault of the inmate, may result in removal from home detention placement. (14) An inmate may not apply for assistance from a private or governmental agency without the approval of the administrator or designee. (15) An inmate may not contract for or use a charge account, or make a credit application without the prior approval of the administrator or the administrator's designee. (16) An inmate shall comply with a directive issued to the inmate by program staff. (17) An inmate shall attend a treatment activity directed by program staff. (18) An inmate may not leave the State without prior written permission of the Commissioner. (19) An inmate may not associate with an individual whom the inmate should reasonably know has a criminal record. (20) An inmate may not visit a correctional facility without prior approval of the administrator or the administrator's designee. (21) An inmate shall maintain, at the inmate's expense, a private telephone line during program placement, and an inmate may not leave the telephone receiver off the hook. (22) An inmate shall answer incoming telephone calls. An incoming and an outgoing call not related to home detention supervision may not be longer than 10 minutes. (23) An inmate shall permit the installation of electronic supervision equipment at the inmate's place of residence and on the inmate's person as program staff may direct. (24) An inmate may not move, tamper with, or disturb electronic supervision equipment placed on the inmate's telephone line or person. An inmate shall be financially responsible for damage or loss of assigned electronic supervision equipment. (25) An inmate shall maintain basic telephone service at the inmate's residence. Call waiting is the only additional telephone service permitted. (26) An inmate may be required to pay for electronic supervision costs, court-ordered child support, or court-ordered restitution. (27) An inmate may not operate a motor vehicle without obtaining permission from the administrator, and only on confirmation of the inmate's driver's license status and vehicle registration information by program staff. (28) An inmate may not change residence status, including the addition of a household member, without the approval of the administrator or the administrator's designee. #### Regulation .09 Supervision of a Home Detention Inmate. *COMAR 12.02.26.09* 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. #### Regulation .10 Disposition of Funds Collected from a Home Detention Inmate. *COMAR 12.02.26.10* 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. ### Chapter 27 — Inmate Discipline *Repealed — See COMAR 12.03.01* **Administrative History:** Effective date: **Administrative History:** Regulations .01—.37 adopted as an emergency provision effective March 9, 2006 (33:7 Md. R. 628); emergency status extended at 33:19 Md. R. 1555 **Administrative History:** Regulations .01—.37 adopted effective September 11, 2006 (33:18 Md. R. 1506) **Administrative History:** Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2212) **Administrative History:** Regulation .03F adopted effective December 17, 2007 (34:25 Md. R. 2212) **Administrative History:** Chapter revised effective April 21, 2008 (35:8 Md. R. 806) **Administrative History:** Chapter revised as an emergency provision effective September 17, 2011 (38:21 Md. R. 1275); revised permanently effective January 9, 2012 (38:27 Md. R. 1764) **Administrative History:** Chapter repealed effective July 2, 2018 (45:13 Md. R. 668) ### Chapter 28 — Administrative Remedy Procedures to Resolve Inmate Complaints **Authority:** Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland **Administrative History:** Effective date: March 12, 2018 (45:5 Md. R. 286) #### Regulation .01 Purpose. *COMAR 12.02.28.01* 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. B. These regulations establish procedures for an inmate to seek resolution of a complaint through: (1) Informal resolution with facility staff; (2) The Administrative Remedy Procedure, which is a formal process consisting of: (a) Presentation of the complaint to the managing official for investigation and resolution; and (b) An appeal to the Commissioner of Correction. C. Except as permitted by the Inmate Grievance Office under COMAR 12.07.01, an inmate shall exhaust the remedies available under this chapter before submitting a complaint to the Inmate Grievance Office. #### Regulation .02 Definitions. *COMAR 12.02.28.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administrative Remedy Procedure (ARP)” means a formal process established by the Commissioner of Correction to address inmate complaints concerning conditions of confinement. (2) “Administrative Remedy Coordinator (ARC)” means an employee designated by the Commissioner of Correction or Managing Official to receive, acknowledge, and direct the investigation of ARP complaints and to maintain all records relating to the complaints according to procedures set forth in this chapter. (3) “Appeal” means the process by which an inmate seeks review by the Commissioner of Correction of a decision regarding a complaint submitted under the ARP at the correctional facility level. (4) “Closely related issues” means matters that are the result of single incident or condition. (5) “Commissioner” means the Commissioner of Correction. (6) “Conditions of confinement” means any circumstances, situations, or events that involve an inmate’s custody, transportation, incarceration, or supervision. (7) “Correctional facility” means a facility within the Division of Correction or Patuxent Institution that is operated for the purpose of confining an individual who is committed to the custody of the Commissioner. (8) “Department” means the Department of Public Safety and Correctional Services. (9) “Formal resolution” means a written decision and, if appropriate, relief from the managing official or Commissioner regarding an inmate complaint filed under the ARP. (10) “Frivolous” means a complaint that: (a) Is not serious or practical; or (b) Shows on its face a complete lack of substance or merit. (11) “Informal resolution” means the process by which an inmate seeks relief for a complaint from facility staff under this chapter other than through the ARP. (12) “Inmate” means an individual committed to the custody of the Commissioner and housed in a Division of Correction or Patuxent Institution correctional facility. (13) “Malicious” means an act that is spiteful, shows ill will, or demonstrates intent to cause harm. (14) “Managing official” means the warden or other individual responsible for the management of a correctional facility. (15) “May not” means an absolute prohibition and does not imply discretion. (16) “Procedural dismissal on preliminary review” means the administrative refusal to accept, investigate, or process an inmate complaint under the ARP, because the inmate’s complaint: (a) Exceeds time limits for filing the complaint; (b) Does not provide required or sufficient information; (c) Is incomplete; or (d) Is determined to be frivolous or malicious. (17) “Remedy” means an action to resolve conditions or circumstances that resulted in an inmate complaint under this chapter. (18) “Working day” means a day of the week excluding weekend days, State holidays, or days on which State offices are closed. #### Regulation .03 Organization and Responsibilities. *COMAR 12.02.28.03* 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. B. The Headquarters ARC is responsible for: (1) Managing ARP duties at the Headquarters level; (2) Ensuring that Headquarters staff perform and complete ARP assignments according to requirements under this chapter; (3) Reporting to the Commissioner, or a designee, compliance issues related to the ARP; (4) Processing ARP appeals within the established time frame; (5) Receiving, acknowledging, and directing investigations related to an ARP appeal; (6) Maintaining documents and records related to the ARP; (7) Developing and implementing training programs for investigators and ARCs structured to facilitate the ARP; and (8) Ensuring facility compliance with requirements of this chapter by auditing correctional facility activities related to inmate complaints. C. A managing official, or a designee, is responsible for: (1) Oversight of and compliance with procedures to resolve inmate complaints at the managing official’s correctional facility; (2) Designating a facility ARC and an alternate facility ARC from the following positions: (a) Case management specialist; or (b) Correctional officer; (3) Ensuring that facility staff are aware of the ARP by: (a) Providing each new employee with an Administrative Remedy Procedure Fact Sheet for new employees; (b) Having the new employee sign a receipt for the Administrative Remedy Procedure Fact Sheet for New Employees; and (c) Having the signed receipt placed in the employee’s facility personnel file; (4) Ensuring that staff attempt to resolve inmate complaints at the lowest possible level; (5) Responding to inmate complaints within the established time frame; and (6) Ensuring that the Introduction to the Administrative Remedy Procedure form is read to the inmate as part of inmate orientation and included in the inmate handbook. D. A facility ARC is responsible for: (1) Processing ARP complaints at the ARC’s facility in accordance with established procedures and within the required time frame; (2) Ensuring that facility staff complete ARP related duties in accordance with established procedures; (3) Maintaining documents and records related to resolving inmate complaints under this chapter; (4) Reporting ARP non-compliance issues to the managing official; (5) Ensuring that ARP forms are available from case management, housing unit officers, and the inmate library; and (6) Ensuring that appropriate accommodations are made for an inmate with limited English proficiency or a disability that affects the inmate’s ability to file a complaint under the ARP in accordance with Department procedures. E. A unit liaison: (1) Is an employee assigned by the managing official, or a designee, to be the ARC’s point of contact in the unit investigating an ARP complaint; and (2) When assigned an ARP investigation, shall conduct or reassign the investigation to an employee in the same unit. F. An individual designated to investigate an ARP complaint under this chapter shall: (1) Thoroughly investigate the complaint using the Administrative Remedy Procedure Case Summary form; and (2) Complete the assigned investigation and forward documentation to the ARC assigning the investigation within the time limit established for the investigation. G. The managing official, or a designee, shall ensure that: (1) Forms required by an inmate to request resolution of a complaint under this chapter are available to the inmate; and (2) If requested, the inmate is provided appropriate assistance with reading and completing the form. #### Regulation .04 Conditions of Confinement Subject to the ARP. *COMAR 12.02.28.04* 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. B. An inmate may not use the ARP to resolve a complaint concerning: (1) Case management recommendations and decisions; (2) Parole Commission procedures and decisions; (3) Inmate disciplinary hearing procedures and decisions; (4) Appeals of a decision to withhold inmate mail; or (5) The following acts by staff or another inmate, which shall be addressed according to Department procedures for addressing complaints under the Prison Rape Elimination Act: (a) Rape; (b) Sexual assault, sexual harassment, sexual abuse; and (c) Other sexual misconduct. #### Regulation .05 Inmate Complaint Resolution — Overview. *COMAR 12.02.28.05* 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. C. Informal Resolution. (1) An inmate may attempt to resolve a complaint informally by working with appropriate staff to reach a remedy to the conditions resulting in the inmate complaint. (2) An inmate may initiate a formal request to resolve the complaint if: (a) The inmate and staff are unable to remedy the inmate complaint; or (b) Staff does not respond to the inmate’s informal complaint. (3) An inmate is not required to exhaust the informal resolution procedure in order to file a request for formal resolution through the ARP. D. Formal resolution of an inmate complaint consists of utilizing the ARP to file: (1) A request for administrative remedy with the managing official; and (2) An appeal to the Commissioner, if the inmate is not satisfied with the managing official’s response to the request for an administrative remedy. E. If the inmate’s complaint is not resolved after an appeal under the ARP, the inmate may file a grievance with the Inmate Grievance Office according to procedures under COMAR 12.07.01. F. An inmate may not file a request to resolve a complaint under this chapter: (1) On behalf of another inmate, staff, or other third person, such as a visitor; or (2) Brought as a class action. G. The transfer of an inmate to another facility in the Department does not terminate the ARP, although the transfer of an inmate may be relevant to a determination whether the request is moot or whether relief is available. H. Filing a complaint with the Department’s Intelligence and Investigative Division does not: (1) Constitute an administrative remedy; and (2) Excuse the inmate from the requirement of pursuing an administrative remedy under this chapter. I. An inmate is responsible for: (1) Using the ARP for the intended purpose; and (2) Being honest and straightforward throughout the process. J. An inmate may not be subject to retaliation because the inmate used the procedures established under this chapter to resolve an issue and: (1) An inmate may use the ARP or an informal resolution to resolve a complaint of retaliation for using the procedures established under this chapter. (2) If the inmate’s complaint of retaliation is confirmed, the managing official shall ensure that the appropriate action is taken in accordance with the Department’s Standards of Conduct. #### Regulation .06 Limiting Requests for Formal Resolution of Inmate Complaints under ARP. *COMAR 12.02.28.06* 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. C. A managing official seeking to limit the number of requests for formal resolution under the ARP that an inmate may submit shall: (1) Submit the request to the Commissioner in writing in a format and on forms approved by the Commissioner; (2) Include in the written request the information required under §§B(1)—(3) of this regulation; and (3) Recommend to the Commissioner: (a) The number of requests an inmate may submit for formal resolution under ARP; and (b) The period for which the proposed limit remains in effect. D. The Commissioner shall: (1) Review a request to limit an inmate’s use of the formal resolution process under the ARP; and (2) Respond to the managing official in writing: (a) Approving or denying the request; or (b) Indicating a different: (i) Number of requests an inmate may submit for formal resolution under the ARP; or (ii) Period for which the limit remains in effect. E. If the Commissioner denies the request, the Commissioner shall include in the written response to the managing official the reason for the denial. #### Regulation .07 Withdrawing an ARP Request or ARP Appeal. *COMAR 12.02.28.07* 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. C. An ARC receiving a properly completed Withdrawal form shall: (1) Take steps to stop any action taking place related to the inmate complaint; (2) Appropriately record action taken in response to the withdrawal request; (3) File the original Withdrawal form in the appropriate ARP file; and (4) Provide the inmate with a copy of the finalized Withdrawal form. #### Regulation .08 Informal Resolution of an Inmate Complaint. *COMAR 12.02.28.08* 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. B. An inmate may file as many forms as necessary to address the incident; however, only one complaint may be on a single form. C. When completing the Informal Inmate Complaint form, the inmate shall: (1) Provide: (a) The subject of the complaint; (b) The date the incident occurred or the inmate first had knowledge of the incident; (c) The names of other individuals involved; (d) A brief description of the incident or complaint; and (2) Date and sign the completed form. D. Filing a request for informal resolution of an inmate complaint does not extend the period for filing a request for formal resolution under Regulation .09 of this chapter. E. A unit head or shift commander receiving an Informal Inmate Complaint form shall: (1) Record on the form the date received and the initials of the individual receiving the form; (2) Provide a copy of the receipted form to the inmate; (3) Assign an individual, if possible familiar with the subject matter area involved in the complaint, to, within 15 calendar days of the date recorded on the request indicating receipt by the unit head or shift commander: (a) Review the form to establish the basis of the complaint; (b) Research and review appropriate reports, records, policies, procedures and other documents; (c) Assess merit of the complaint in light of items under §E(3)(b) of this regulation; (d) If applicable, recommend a remedy to resolve the complaint; and (e) Draft and submit a response, with or without consultation with the unit head or shift commander, on the form to the individual assigning the case for review. F. A unit head or shift commander receiving a report under §E(3)(e) of this regulation shall: (1) Review and, if the report is properly completed in accordance with provisions established under this chapter, sign and date the form; (2) Ensure that a copy of the form is provided to the inmate filing the request; and (3) If appropriate, ensure that the approved steps are taken to grant the approved remedy. #### Regulation .09 Formal Resolution of an Inmate Complaint — Requests. *COMAR 12.02.28.09* A. A request for formal resolution of a complaint under this chapter may be filed only by an inmate. B. An inmate seeking formal resolution of a complaint under this chapter, as soon as possible, but no later than 30 days after the date of the incident resulting in the complaint or the date the inmate first had knowledge of the incident, whichever is later, shall: (1) Document the request in writing using an Administrative Remedy Procedure Request for Administrative Remedy form (Request form); and (2) Submit the completed Request form in accordance with the managing official’s written instructions. C. A staff member receiving a Request form under §B(2) of this regulation shall: (1) Date and sign the Request form; (2) Provide the inmate with a copy of the dated and signed Request form; and (3) Forward the Request form for processing in accordance with written procedures established by the managing official. D. When completing the Request form, the inmate shall: (1) Use a typewriter or a black or blue ink pen; (2) Provide: (a) The subject of the complaint; (b) The date the incident occurred or the inmate first had knowledge of the incident; (c) The names of other individuals involved; (d) A brief description of the incident or complaint; (e) Steps, if any, taken toward an informal resolution of the complaint; and (f) Relief requested to resolve the complaint; and (3) Date and sign the completed Request form. #### Regulation .10 Formal Resolution of an Inmate Complaint — Preliminary Review. *COMAR 12.02.28.10* A. Facility Preliminary Review of a Request Form. (1) Within 5 working days of the date of receipt of a Request form by the managing official, the facility ARC shall: (a) Assign a case number to the request according to requirements established in Regulation .19 of this chapter; (b) Index the request according to requirements established in Regulation .19 of this chapter; and (c) Review the request to determine if the request: (i) Is frivolous or malicious; (ii) Is complete and submitted according to requirements under this chapter; (iii) Is eligible for resolution under this chapter; and (iv) Has been submitted within established time requirements; and (d) Take action required under §A(2) or (3) of this regulation. (2) If the request is determined to be frivolous or malicious, the managing official, or a facility ARC, shall: (a) Properly complete the appropriate part of the Request form; and (b) Record that the request is procedurally dismissed as being frivolous or malicious, or both. (3) If the Request form is determined to incomplete and the missing information is necessary to review the inmate’s complaint, the managing official or facility ARC shall: (a) Properly complete the appropriate part of the Request form; (b) Record that the request is procedurally dismissed as being incomplete; (c) Provide specific direction to resolve the noted issue; (d) Establish a due date for the resubmission that is the later of: (i) 15 calendar days from the date of the procedural dismissal; or (ii) 30 calendar days of the date of the original submission of the Request form; (e) Return the completed Request form and a blank Request form to the inmate; and (f) File a copy of the completed Request form in the appropriate ARP file. (4) A Request form may not be determined incomplete and therefore procedurally dismissed pending resubmission under §A(3) of this regulation solely because the inmate did not include information concerning actions taken to informally resolve the complaint. (5) After the managing official or a facility ARC reviews a Request form, the facility ARC shall: (a) Appropriately process the request based on the action resulting from the preliminary review; (b) Ensure that the affected individuals are notified of the result of the preliminary review; (c) If the Request form is not subject to procedural dismissal on preliminary review on the date the case is indexed: (i) Review the request to determine the nature of the case and assign the case for investigation by an individual familiar with the nature of the case; and (ii) Return the receipt portion of the Request form to the inmate filing the request; and (d) Appropriately file the ARP documents. B. Headquarters Preliminary Review of a Request Form. If a Request form is submitted directly to the Commissioner without being submitted first to the inmate’s managing official, the Commissioner, or a designee, shall: (1) Refer the Request form to the appropriate managing official including the date that the request was received by the Commissioner; (2) Record the Request form in the Headquarters index without a case number; and (3) Notify the inmate submitting the Request form, in writing, of the request being referred to the managing official. C. A managing official who receives a Request form from the Commissioner shall process the Request form in accordance with provisions under §A of this regulation. #### Regulation .11 Procedural Dismissal on Preliminary Review — Resubmission. *COMAR 12.02.28.11* A. Incomplete Request — Eligible for Resubmission. (1) A dismissal on preliminary review of a Request form may be resubmitted if the procedural dismissal on preliminary review is based on: (a) An incomplete request form; or (b) A requirement for more information than that provided on the Request form. (2) Upon receipt of a Request form from a managing official indicating the request is to be procedurally dismissed on preliminary review because of reasons under §A(1) of this regulation, the facility ARC, within 5 working days of the date of receipt of the request by the managing official, shall: (a) Sign, date, and return the Request form to the inmate submitting the request including written notification of the procedural dismissal on preliminary review; (b) Provide instructions for resubmitting the request that include: (i) Completing a new Request form; (ii) Complying with instructions provided; and (iii) Submitting the request to the facility ARC by the date specified in the notice; (c) Provide notice that: (i) If the resubmission does not correct issues noted by the facility ARC, the procedural dismissal on preliminary review is final; and (ii) If the resubmission is not received by the date established by the facility ARC indicated in the notice provided under §A(2) of this regulation, the procedural dismissal on preliminary review is final. (3) An inmate may appeal a dismissal in accordance with the procedures set forth in Regulation .14 of this chapter. B. Procedural Dismissal on Preliminary Review — Ineligible for Resubmission. (1) A procedural dismissal on preliminary review of a Request form may not be resubmitted if the procedural dismissal on preliminary review is based on a finding by the facility ARC that the: (a) Inmate complaint is frivolous or malicious; (b) Inmate complaint is not eligible for resolution under Regulation .04 of this chapter; (c) Except for provisions under §B(3) of this regulation, request was not submitted within established time requirements; (d) Inmate complaint has previously been resolved outside the formal resolution process; (e) Inmate complaint has previously been resolved through the formal resolution process; (f) Inmate complaint is repetitive of a request previously filed by the inmate through the formal resolution process, and a response was issued as a result of the previous request; (g) Request is in excess of an authorized limit on the number of requests the inmate may submit; or (h) Incident in the Request is determined by the facility ARC to be the basis of an investigation being conducted by the Department’s Intelligence and Investigative Division. (2) Upon receipt of a Request form from a managing official, indicating the request is to be procedurally dismissed on preliminary review for reasons under §B(1) of this regulation, the facility ARC, within 5 working days of the date of receipt of the request by the managing official, shall: (a) Sign, date, and return the Request form to the inmate submitting the request including written notification of the procedural dismissal on preliminary review; (b) Include information as to the reason for the procedural dismissal on preliminary review; (c) Include a statement that the procedural dismissal on preliminary review is final; and (d) Notify the inmate that the decision may be appealed to the Commissioner if the procedural dismissal is based on §B(1)(h) of this regulation and include in the notification the following statement: (3) If the managing official or the facility ARC receives a Request form after the permitted time frame for submitting a Request form, the managing official or facility ARC may: (a) Accept and process the Request form if the managing official or the facility ARC determines that the inmate has demonstrated that extraordinary circumstances prevented the inmate from submitting the Request form within the required time frame; or (b) Procedurally dismiss the untimely Request form on preliminary review, with or without referring the untimely Request form to the appropriate facility for follow up independent of the ARP and notify the inmate that the decision may be appealed to the Commissioner. C. When a Request form is procedurally dismissed on preliminary review, the facility ARC, on the date the request is indexed, shall: (1) Return the original and one copy of the request form to the inmate filing the request; and (2) Place a copy in the ARP file maintained by the facility ARC. D. A procedural dismissal on preliminary review by a managing official, or a designee, may be appealed to the Commissioner according to Regulation .14 of this chapter. #### Regulation .12 Formal Resolution of an Inmate Complaint — Investigation. *COMAR 12.02.28.12* A. If a Request form is not procedurally dismissed under this chapter, a facility ARC: (1) On the date the Request form is indexed, shall: (a) Complete and send the receipt portion of the Request form to the inmate; and (b) Review the request to determine the nature of the Request form in order to assign the investigation to the unit liaison familiar with the area or subject matter that is the basis of the Request form. (2) May not assign the request for investigation to an employee if that assignment is to an employee who is the subject of the complaint. B. If a Request form is received at the inmate’s current facility, but the complaint is based on an incident occurring at the inmate’s previous facility, the managing official, or facility ARC at the inmate’s: (1) Current facility shall: (a) Index the Request form at the current facility; (b) Forward the Request form to the managing official of the facility where the incident occurred; and (c) Maintain a copy of the Request form at the inmate’s current facility. (2) Previous facility shall: (a) Respond to the Request form as though the Request form was originally received at that facility; (b) Complete all requirements of the ARP as established under this chapter; (c) Forward a copy of the resulting ARP documentation to the current facility for: (i) Notification to the inmate; (ii) Updating the index; and (iii) Filing in the current facility’s ARP file; and (d) Maintain the original documentation in the current facility’s ARP files. C. A unit liaison assigned to conduct an investigation of a Request form under this chapter is responsible for ensuring that the investigation is completed and may: (1) Personally conduct the assigned investigation; or (2) Reassign the investigation to another employee in the unit. D. An investigation of a Request form shall, absent good cause for not conducting an interview include an interview with: (1) The inmate filing the Request form; (2) A relevant witness named by the inmate; and (3) A relevant employee, including a health care provider, involved in or able to provide relevant information related to the complaint and who, unless good cause exists, shall submit a written report of the information provided to the assigned investigator. E. If interviewing an inmate or multiple inmates involved in the complaint would pose a threat to safety or security at the facility, the interviews may not be required and the justification for not conducting the interview shall be included in the Administrative Remedy Procedure Case Summary form. F. At the North Branch Correctional Institution, interviews of relevant inmates may be conducted using the facility intercom system to accommodate security requirements; however, personal interviews shall be conducted, absent good cause, if the intercom system is inoperable at the time of the interviews or if privacy concerns prevent use of the system. G. An investigation of a Request form shall: (1) In addition to interviews under §D of this regulation, include a: (a) Review of records, reports, policy and procedures, and other documents relevant to the inmate complaint; (b) Finding of facts that chronologically identifies the events related to the inmate complaint; and (c) Recommendation and written justification determining the inmate complaint is considered: (i) Meritorious; (ii) Meritorious in part; or (iii) Dismissed; (2) Be completed within the period determined by the facility ARC; (3) Documented using an Administrative Remedy Procedure Case Summary form that: (a) Includes: (i) Information obtained from interviews and, if applicable, justification for not conducting a required interview; (ii) Information obtained by reviewing documents; (iii) Findings of fact; and (iv) A recommendation and justification for the recommendation as to the disposition of the case; and (b) Is submitted to the managing official or facility ARC assigning the case for investigation within the time frame established by the managing official or facility ARC. H. A managing official or facility ARC receiving a report and related documents under §G of this regulation shall review the report and related documents to ensure that the investigative actions and related documentation meet requirements of this chapter, and: (1) If the managing official’s or facility ARC’s review determines that the Administrative Remedy Procedure Case Summary is deficient or incomplete shall: (a) Return the documents to the investigator responsible for the investigation; (b) Provide instruction as to correcting the identified deficiencies; and (c) Establish a date for the investigator to return the documents with deficiencies resolved; or (2) If the managing official’s or facility ARC’s review determines the report and related documents are sufficient, shall prepare a response using the Administrative Remedy Request form, for the managing official’s signature or the Commissioner’s signature to the inmate submitting the Request form that is based on: (a) The case summary; (b) Attached documentation and reports; and (c) The investigator’s recommendation; (3) The response required under §H(2) of this regulation shall: (a) Be provided to the inmate within 30 calendar days of the date the inmate filed a formal complaint using the ARP, unless an extension is authorized under §K of this regulation; (b) In the first sentence of the response appropriately state that the complaint is: (i) Meritorious; (ii) Meritorious in part; or (iii) Dismissed; (c) Address each element and allegation of the complaint; (d) Be easy to understand; (e) Clearly state the facts upon which the decision is based; (f) Provide an explanation of any remedy resulting from the findings; (g) Notify the inmate that the decision may be appealed to the Commissioner; and (h) Be forwarded to the managing official for review. I. A managing official receiving documents under §H(3)(g) of this regulation shall review the information and if the action related to resolving the inmate complaint is determined: (1) Unsatisfactory, return the documents to the ARC with instructions directing additional action or information and resubmittal for review; or (2) Satisfactory, sign and date the appropriate documents and return all documents to the ARC. J. An ARC receiving: (1) An unsatisfactory finding under §I(1) of this regulation shall ensure steps are taken to address any deficiencies and return the document so that notification to the inmate filing the request is made within the established time frame; or (2) A satisfactory finding under §I(2) of this regulation shall, within the established time frame, distribute: (a) The original and one copy of the completed Request form to the inmate filing the Request form; and (b) A copy of the Request form signed by the inmate and originals of related documents to the ARP file. K. Extension of 30 Calendar Day Processing Requirement. (1) If apparent that conditions beyond the correctional facility’s control exist, making 30 calendar days insufficient to complete processing a Request form, the managing official is permitted one extension of 15 days. (2) If the managing official, or a designee, extends the time for responding to a Request form, the ARC, before expiration of the original 30 calendar day period, shall: (a) Complete an Administrative Remedy Process Extension form; (b) Forward the completed Administrative Remedy Process Extension form to the inmate filing the Request form whose approval of the extension is not required. (3) The ARC shall include the Administrative Remedy Process Extension form in the documents related to the Request form. L. An inmate may appeal a decision made under this regulation in accordance with provisions under Regulation .14 of this chapter. #### Regulation .13 Request for Formal Resolution of an Inmate Complaint — Remedy. *COMAR 12.02.28.13* A. If an inmate complaint is meritorious or meritorious in part, the response by the managing official shall include a remedy. B. A remedy to resolve an inmate complaint may include: (1) If the nature of the inmate complaint relates to substance of policy, rule, or procedure: (a) Appropriate amendments that are communicated effectively and promptly to appropriate individuals; and (b) Instructions for implementing change; (2) If the nature of the inmate complaint relates to interpreting policy, rule, or procedure: (a) Written explanation of the questioned policy, rule, or procedure that is communicated effectively and promptly to appropriate individuals; and (b) Instructions for implementing change; (3) If the nature of the inmate complaint relates to application of policy, rule, or procedure: (a) Written direction to the appropriate employee to properly apply the policy, rule, or procedure correctly; and (b) Instructions for implementing change; (4) If the nature of the inmate complaint relates to individual inmate actions: (a) Protection of the inmate who filed the Request form that may include reassignment of one or more of the inmates involved; (b) Safeguards to prevent retaliation against the inmate; or (c) Remedy to make the inmate “whole” again, such as returning property; (5) If the nature of the inmate complaint relates to the computation of the term of confinement or diminution of confinement credits: (a) Prompt re-computing; and (b) If appropriate, expedited processing of any privileges or change in status based on the new computation; (6) If the nature of the inmate complaint relates to loss of inmate property within the custody and control of the unit: (a) Return or replacement of property of equal value at time of loss in accordance with standard practices for determining the value of depreciated property; or (b) Monetary reimbursement equal to value of property at time of loss; or (7) If the nature of the inmate complaint relates to living conditions and facilities, prompt improvement. C. If the remedy includes monetary reimbursement for property: (1) An Inmate Property Reimbursement form shall be used to calculate the amount of reimbursement at the time of the loss. (2) Except under provisions of §C(3) of this regulation, the ARC shall ensure that the inmate is presented with a completed Request for Inmate Personal Property Reimbursement form indicating the reimbursement value and if the inmate: (a) Accepts the value: (i) The inmate shall indicate acceptance on the form; (ii) The inmate shall sign the form; (iii) The managing official shall ensure that the agreed to monetary reimbursement is deposited in the inmate’s facility account; (iv) The ARC shall ensure that Request form documents are appropriately filed; and (v) The matter is considered closed and finally resolved. (b) Refuses to accept the value: (i) The inmate’s refusal shall be indicated on the form; (ii) The inmate shall sign the form indicating refusal to accept the reimbursement; (iii) The form shall be filed in the appropriate ARP file; (iv) No monetary reimbursement is to be deposited in the inmate’s facility account; and (v) The matter is considered to be closed at the applicable level of the ARP. (3) If an inmate refuses settlement under §C(1)(b) of this regulation, before the managing official’s response to the inmate’s complaint, the managing official’s response shall: (a) State that the Request form is meritorious in part; (b) List the property that was lost or damaged; (c) State the amount of reimbursement offered to the inmate; (d) State that the inmate refused the reimbursement offered and that no monetary reimbursement is to be deposited in the inmate’s facility account; and (e) Ensure that Request form documentation is filed in the appropriate ARP file. D. If appropriate, a managing official may include, as a remedy, a recommendation to change policy or procedures that relate to the nature of the inmate complaint. E. Facility staff shall fully comply with a remedy in the managing official’s response to an inmate complaint under this chapter as soon as possible, but no later than 30 calendar days after the date of the response. (1) An ARC receiving a response from the managing official containing a remedy shall: (a) Notify appropriate staff of the remedy; (b) Monitor action taken to implement the remedy to ensure the remedy is fully implemented no later than 30 calendar days after the date of the response by: (i) Maintaining a separate chronological file of incomplete remedies; (ii) Reviewing the file at least weekly to ensure implementation; and (iii) Notifying the managing official issuing the response to an inmate complaint when the remedy is not fully implemented within the required period. (2) After full implementation of a remedy, the ARC shall file the response according to procedures under this chapter. #### Regulation .14 Appeal — Requesting. *COMAR 12.02.28.14* A. An inmate filing a request for formal resolution of an inmate complaint may appeal to the Commissioner: (1) A procedural dismissal on preliminary review of the Request form; (2) The managing official’s failure to provide a response within established time requirements; and (3) A decision by the managing official contained in the response to the Request form. B. An inmate filing an appeal under this regulation shall: (1) Submit the request in writing in a format and on a form approved by the Commissioner; (2) Include all of the following in the appeal: (a) The name of the inmate filing the appeal; (b) The name of the correctional facility housing the inmate filing the appeal; (c) A statement describing the reason for the appeal; (d) The original case number; (e) The date the appeal is submitted; (f) The signature of the inmate submitting the appeal; (g) A copy of the original complaint with all supporting documentation; and (h) A copy of the procedural dismissal on preliminary review or managing official’s decision; (3) Include one of the following in the statement required under §B(2)(c) of this regulation as the grounds for the appeal: (a) The basis for disagreement with the Facility ARC’s decision or reason for procedural dismissal on preliminary review; (b) The basis for disagreement with the Managing Official’s decision, remedy, or response; or (c) A failure by Managing Official to respond within the established time frame; (4) Limit the basis of the appeal to the areas identified under §B(2)(c) of this regulation without introducing a new inmate complaint; and (5) Except for provisions under §C of this regulation, file the appeal with the Commissioner as indicated in the notice provided in accordance with Regulation .11 of this chapter so that the Headquarters ARC receives the appeal within 30 calendar days of: (a) For an appeal of a procedural dismissal on preliminary review, the date the inmate received notice of the procedural dismissal on preliminary review; (b) For an appeal of a managing official’s decision or remedy in a response to a Request form, the date the inmate received the response; or (c) For an appeal of a Managing Official’s failure to respond within the established time frame, the date the managing official’s response was due to the inmate. C. If the inmate demonstrates that extraordinary circumstances exist that prevented submitting an appeal within the established time frame, the Commissioner may accept a late filing of an appeal. D. When submitting an appeal under this section, the inmate: (1) Is encouraged to submit the Request form to the Commissioner using the U.S. Postal Service. (2) May submit the Request form using the Department courier system knowing that the Department is not responsible if the appeal is not received within the time frame established for submitting an appeal under this chapter. E. Within 5 working days of the date the appeal is received by the Commissioner, the Headquarters ARC shall: (1) Index the appeal according to the originally assigned case number; and (2) Conduct a preliminary review of the appeal and determine to: (a) Accept and process the appeal within the established time frame; or (b) Procedurally dismiss the appeal on preliminary review. #### Regulation .15 Appeals — Preliminary Review. *COMAR 12.02.28.15* A. The Headquarters ARC shall conduct a preliminary review of an appeal submitted in accordance with this chapter following the applicable procedures established under Regulation .10 of this chapter for a preliminary review of a Request form received by a managing official. B. If the Headquarters ARC procedurally dismisses on preliminary review an appeal under §A of this regulation, the Headquarters ARC shall comply with applicable requirements established under Regulations .10 and .11 of this chapter for procedurally dismissing on preliminary review a Request form received by a managing official. C. The Headquarters ARC shall procedurally dismiss on preliminary review, without the opportunity for re-submission, a properly submitted appeal challenging a managing official’s procedural dismissal on preliminary review of a Request form if, after reviewing the managing official’s rationale, the Headquarters ARC agrees with the managing official’s decision. #### Regulation .16 Appeals — Investigation. *COMAR 12.02.28.16* A. An appeal accepted by the Headquarters ARC shall be investigated. (1) Except for a Request form dismissed in accordance with Regulation .11 of this chapter, an investigation of an appeal under this chapter shall be limited to the issues identified in the initial Request form. (2) On the date the Headquarters ARC indexes the appeal, the Headquarters ARC shall process the appeal for investigation using appeal related forms and documents according to applicable requirements under Regulation .12 of this chapter for investigating a Request form received by a managing official. B. The results of an investigation of an appeal shall be recorded and communicated using appeal related forms and documents according to applicable requirements under Regulation .12 of this chapter for recording, reporting and communicating results of an investigation of a Request form received by a managing official. #### Regulation .17 Appeals — Remedy. *COMAR 12.02.28.17* A. The Commissioner, or a designee, shall respond in writing to an appeal within 30 calendar days of the date the inmate files the appeal. B. If an appeal is found to be meritorious or meritorious in part, the response by the Commissioner shall include a remedy. C. A remedy for an appeal may include: (1) Actions identified under Regulation .13 of this chapter for a Request form received by a managing official; or (2) Other action consistent with the purpose of the ARP. D. Monitoring implementation of a remedy, required notification, and filing resulting from an appeal under this chapter are performed using appeal-related forms and documents according to applicable requirements under Regulation .13 of this chapter for remedies for a Request form received by a managing official. #### Regulation .18 Appeals — Inmate Grievance Office. *COMAR 12.02.28.18* An inmate may seek review by the Inmate Grievance Office according to procedures under COMAR 12.07.01 of a decision by the Commissioner or the failure of the Commissioner to file a response to an appeal within the time frame established under §A of Regulation .17 of this chapter. #### Regulation .19 Documentation — Filing — Reports. *COMAR 12.02.28.19* A. Case Indexing. (1) The Headquarters ARC and each facility ARC shall maintain an index of Request forms and, at Headquarters, appeals. (2) The Commissioner shall determine the format and content of the index. (3) The Headquarters ARC and each facility ARC shall establish a new index for each calendar month to record information concerning Request forms received at either level and appeals received by Headquarters. (4) The Headquarters ARC and a facility ARC shall index each Request form received at either level and an appeal received by Headquarters within 5 working days of the date recorded on the Request form or appeal. (5) The index shall record for each case: (a) The name of the inmate filing the request and the inmate’s identification number; (b) The case number that consists of: (i) The correctional facility’s acronym in upper case followed by a dash; (ii) A four digit sequential number beginning with 0001 on January 1st of each calendar year followed by a dash; and (iii) The last 2 digits representing the calendar year; (c) The date that the case is indexed; (d) If appropriate, information concerning procedural dismissal on preliminary review; (e) If appropriate the date a re-submission or non-concurrence decision is indexed; (f) The most appropriate subject codes indicating the nature of the complaint (only 2 codes may be used); (g) If the case is accepted for processing, an abstract of the complaint; (h) The date the managing official or Commissioner: (i) Signed the response to the inmate complaint; or (ii) Procedurally dismissed the complaint; (i) The date the inmate signed the response indicating receipt of the response from the managing official; (j) The final disposition of the inmate complaint; and (k) Other information related to the case, such as: (i) A brief description of the complaint; (ii) Justification for a procedural dismissal; and (iii) The date a resubmittal is due. (6) The Headquarters ARC and a facility ARC shall update the index at the time new information is received concerning a case. (7) A facility ARC shall: (a) By the tenth working day of each month, forward a copy of the index for the previous month to the Headquarters ARC; and (b) When dispositions have been recorded for all cases on a monthly index, forward a copy of the completed index to the Headquarters ARC. B. Filing — Case Records. (1) Each facility ARC and the Headquarters ARC shall establish and maintain a system for filing documents related to requests for formal resolution of an inmate complaint and related appeals. (2) A facility ARC and the Headquarters ARC shall maintain documents related to an ARP case and related appeals for a minimum of 5 years from the date of a final disposition of the case and then dispose of the documents in accordance with the applicable document retention schedule. C. Program Reports. (1) An ARC shall complete reports in a format and on forms approved by the Commissioner containing data that may be used to analyze the ARP. (2) Quarterly, during each calendar year, each facility ARC shall forward to the Headquarters ARC a copy of reports required by the Commissioner related to the ARP. #### Regulation .20 Audits. *COMAR 12.02.28.20* A. The Commissioner, or a designee, shall establish: (1) A system to audit the ARP at each correctional facility; and (2) A schedule for audits authorized under this chapter. B. An audit team consists of: (1) The Headquarters ARC, or a designee; and (2) At least one facility ARC selected by the Headquarters ARC from a correctional facility other than the correctional facility subject to the current audit. C. An audit, at a minimum, consists of: (1) An entrance interview with the managing official of the correctional facility being audited to: (a) Explain the purpose of the audit; and (b) Provide an overview of the audit process; (2) Examining: (a) Required files and documents related to the correctional facility’s use of the ARP; (b) Documents related to investigations of inmate complaints under this chapter; and (c) Actions taken related to implementing remedies resulting from meritorious or meritorious-in-part inmate complaints; (3) Conducting interviews with inmates and staff to assess the effectiveness of the ARP; (4) Interviews with correctional facility staff to determine necessary amendments to the ARP; and (5) An exit interview with the managing official to provide an overview of findings. D. Audit Report. (1) Within 30 calendar days of the date an audit is completed, the Headquarters ARC shall prepare and submit to the Commissioner, or a designee, and to the respective managing official a written report summarizing: (a) The results of the audit; and (b) If appropriate, compliance issues that need to be addressed. (2) Within 30 calendar days of the date a managing official receives an audit report from the Headquarters ARC, the managing official shall: (a) Acknowledge receipt of the report; and (b) If appropriate, provide a plan of action to correct compliance issues identified by the audit. (3) If appropriate, the Headquarters ARC shall monitor a managing official’s progress to correct noted compliance issues. (4) A correctional facility may be subject to a non-scheduled audit or follow-up audit to determine progress on corrective action specified in a managing official’s plan of action to correct compliance issues identified in an audit report. ### Chapter 29 — Inmates Convicted as Adults While Younger than 18 Years Old **Authority:** Correctional Services Article, §§2-109 and 3-205, Annotated Code of Maryland **Administrative History:** Effective date: September 20, 2021 (48:19 Md. R. 802) #### Regulation .01 Scope. *COMAR 12.02.29.01* A. This regulation applies solely to an inmate convicted of a crime that the inmate committed while younger than 18 years old and for which the inmate was sentenced to life imprisonment. B. This regulation supersedes any conflicting regulation or policy. #### Regulation .02 Definitions. *COMAR 12.02.29.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Case manager” means the case management specialist assigned to an inmate during the case management process. (2) “Commissioner” means the Commissioner of Correction. (3) “Division” means the Division of Correction. (4) “Inmate” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland. (5) “Inmate case record” means documentation assembled, maintained, and used under Correctional Services Article, §3-601, Annotated Code of Maryland. (6) “Juvenile lifer” means an inmate serving a life sentence for a crime committed while younger than 18 years old. (7) “Outside detail” means a work assignment at a location other than the facility where an inmate is housed, and during which the inmate is under the direct supervision of a correctional officer. (8) “Programming” means the process of placing an inmate in programs that address the inmate’s risks and needs. (9) Release. (a) “Release” means any type of discharge from custody of the Division. (b) “Release” includes administrative release, parole, court ordered release, mandatory supervision release, expiration of sentence, work release, and community leave. (c) “Release” does not include an escape. (10) “Release date” means the date a juvenile lifer may be released from incarceration if the juvenile lifer: (a) Has been conditionally approved for parole by the Governor; or (b) Is entitled to release on mandatory supervision. (11) “Secretary” means the Secretary of Public Safety and Correctional Services. (12) “Security” means a correctional facility’s physical features which help control inmate behavior and prevent escape. #### Regulation .03 Classification. *COMAR 12.02.29.03* A. Initial Security Classification. (1) Upon intake of a juvenile lifer to a Division correctional facility and in accordance with the procedures established in COMAR 12.02.24, a case manager shall use the Division’s initial security classification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02. (2) A Division case manager shall assign the juvenile lifer to the least restrictive security level consistent with the: (a) Outcome of the security classification instrument; (b) Identified risk and needs; (c) Public safety; and (d) Safe and orderly operation of the facility. (3) After a juvenile lifer’s initial classification, eligibility for a less restrictive security level that includes participation in an outside detail, a work release program, or specific programs shall be determined during the juvenile lifer’s annual classification status review in accordance with the Case Management Manual and other applicable directives and regulations. B. Security Reclassification and Status Review. (1) A Division employee shall use the Division’s security reclassification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02: (a) Annually in accordance with the Case Management Manual and other applicable directives and regulations; or (b) Upon the Maryland Parole Commission’s request following a hearing conducted in accordance with the provisions established in COMAR 12.08.01 to improve a juvenile lifer’s suitability for parole. (2) A juvenile lifer, regardless of whether the juvenile lifer has a release date, shall be eligible for reclassification to a security level below medium security, if approved by the Commissioner, or a designee of the Commissioner. (3) A Division employee shall presume that a juvenile lifer is permitted to be assigned to the least restrictive security level, if the juvenile lifer’s score on the security reclassification instrument indicates eligibility for a less restrictive security level than the juvenile lifer’s current classification. (4) A Division employee may not apply the mandatory override in the security classification instrument that precludes a juvenile lifer from assignment to a security level below medium security. (5) Any override of the security classification instrument requires the Division employee to: (a) Document the reason for the override in the inmate’s case record; and (b) Provide the juvenile lifer with a written explanation of the reason for the decision. (6) If the Commissioner, or the Commissioner’s designee, denies a juvenile lifer assignment to a security level below medium security, the Commissioner, or the Commissioner’s designee, shall: (a) Document the reason for the denial in the inmate’s case record; and (b) Provide the juvenile lifer with a written explanation of the reason for the decision. (7) In order to improve a juvenile lifer’s suitability for parole, a case manager, the warden, and the Commissioner shall give significant weight to the requests or recommendations of the Maryland Parole Commission that a juvenile lifer be permitted to be assigned to a less restrictive security level or participate in specified inmate programming. (8) A juvenile lifer may not lose a privilege, job, or housing assignment in order to undergo a risk assessment or security status review as requested by the Maryland Parole Commission. #### Regulation .04 Program Eligibility. *COMAR 12.02.29.04* A. Juvenile Lifer with a Release Date. (1) A juvenile lifer who has a release date shall be eligible for an outside detail or the work release program, if approved by the Commissioner, or the Commissioner’s designee. (2) If the Commissioner, or the Commissioner’s designee, denies a juvenile lifer’s participation in an outside detail or the work release program, the Commissioner, or the Commissioner’s designee, shall: (a) Document the reason for the denial in the inmate’s case record; and (b) Provide the juvenile lifer with a written explanation of the reason for the decision. B. Juvenile Lifer Without a Release Date. (1) If warranted by exceptional circumstances, a juvenile lifer who does not have a release date shall be eligible for an outside detail if recommended by the Commissioner of Correction, or a designee of the Commissioner, and approved by the Secretary. (2) If the Secretary denies an outside detail for a juvenile lifer, the Secretary or the Secretary’s designee shall: (a) Document the reason for the denial in the inmate’s case record; and (b) Provide the juvenile lifer with a written explanation of the reason for the decision.