# COMAR Title 12 — Department of Public Safety and Correctional Services ## Subtitle 02 — Division of Correction ### 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.