In this chapter, the following terms have the meanings indicated. Terms Defined. “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. “Commissioner” means Commissioner of the Division of Correction, or designee. “Confidential material” means: Addresses and telephone numbers on victim impact letters; Police reports; Juvenile records; Presentence investigations; Psychological reports, psychiatric evaluations, evaluation reports, and social histories; Parole progress file; and Correspondence relating to therapy. “Division” means Division of Correction. “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. “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. Inmate Records. “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. “Inmate records” includes: Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed for that conviction; The inmate's prior criminal and juvenile history, and relevant records concerning it; Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate; School records; Information concerning the inmate's prior medical and mental health history, including relevant medical and hospital records and reports; and Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history. “Inmate records” does not mean separate Division records maintained by the mental health and health services units. “MAP” means mutual agreement programming which is a process of negotiating agreements among an inmate, the Maryland Parole Commission, and the Division. “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: Aggressive behavior; Medical problems; Mental health problems; or Victimization by other inmates. 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: The consideration of case information; and An administrative process. Case management team membership, when team action is required, shall be comprised of staff approved by the Commissioner. 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. An inmate with a sentence of life or death shall be initially classified to not less than the maximum security level. 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. The Commissioner shall designate which actions shall be reviewed by case management staff. An inmate may pursue informal remedy of complaints regarding a case management action or formal remedy by writing to the Inmate Grievance Office. The warden shall ensure that the parties concerned in the case management process understand that: Reclassification does not imply that a change will occur, but rather, serves as a means of systematically monitoring progress; and Simply achieving a score which makes an inmate eligible for a change does not guarantee or imply that a change will occur. 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. 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. A reviewing supervisor or members of a team shall: Review the completed form; Record their recommendations and rationales; Sign the form; Check the box provided on the form to reflect their personal concurrence or nonconcurrence with the recommended action; If nonconcurring, record in the space provided a brief supporting rationale; 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: Family leave, Special leave, and Home detention; and Forward the form to the warden or designee for review. The warden shall review a case management action which, by law or Division directive, requires the warden's personal review. The warden shall review a case management recommendation in §C of this regulation and: Approve the recommendation; or With a written rationale: Disapprove the recommendation, Order further proceedings, or Make an independent decision different from the recommendation of case management staff. 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. 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: Approve the recommendation; or With a written rationale: Disapprove the recommendation, Order further proceedings, or Make an independent decision different from the recommendation of case management staff. 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. The following case management recommendations which have been approved by a warden shall be submitted to the Commissioner: Family leave; Special leave; Interstate Corrections Compact transfer; MAP requirement; 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 Assignment to the home detention program. The Commissioner shall review a case management recommendation in §H of this regulation and: Approve the recommendation; or With a written rationale: Disapprove the recommendation, Order further proceedings, or Make an independent decision different from the recommendation of the warden. The Commissioner shall ensure that the assigned case management staff shall: Notify the inmate of the final result of action required by this regulation; Distribute the required form; and Ensure that the final result is recorded on the inmate institutional progress sheet, along with the date of the final action. The Commissioner shall ensure that: An employee involved in the case management process is trained in the use of this regulation; A review of this regulation is provided to a newly received inmate as part of orientation; and An authorized terminal operator enters complete and accurate data after each initial security designation and security reclassification. The Division shall compile and maintain a complete record and history of an inmate. The Division shall also record a full and accurate description of an inmate committed to it, including photographs. 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. A warden may grant access to an inmate's records, except for a presentence investigation, without a written request, to: A provider of medical services, if the record is necessary to assure medical care; The inmate's attorney; An individual authorized by court order; An individual authorized by law; A Maryland judge; and A State's attorney. A warden may grant access to an inmate's records, except for a presentence investigation, with a written request, to an: Employee of a State department or agency if the request is in the furtherance of the employee's lawful duties; Employee of a State, federal, or local law enforcement agency, if the request is in the furtherance of the employee's lawful duties; and Inmate or individual who has the written authorization of the inmate. 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: Shall be used only for legitimate purposes of the individual or agency receiving them and not for an improper or unauthorized purpose; and May not be further disseminated to an individual or agency not authorized to receive them. 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. The Commissioner shall ensure that: Records are reviewed in the presence of an institutional employee; A charge authorized by law is made for all photocopies provided; and A log containing the following is maintained: Date of review, Name of inmate, Commitment number of the inmate, Name of the person requesting access, Reason for the request, and Warden's signature for each approved request for access to inmate records. Attorney Access to Base File Information. 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. Before review, the attorney shall provide the warden with an authorization for release of records form signed by the inmate. The Commissioner shall ensure that an attorney is required to show proper identification before access is permitted. An attorney may review only those records for which the request has been made in accordance with this regulation. 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. Records shall be reviewed in the presence of an institutional employee. 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. Inmate Access to Base File Information. An inmate may obtain access to base file information in accordance with procedures described in this section. 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. A review shall be scheduled within a reasonable time and conducted in the presence of Division staff. The name of an inmate shall be placed on a list maintained by the records department for inmates requesting file review. Records department personnel shall schedule records review. The records department shall ensure that material to which an inmate may not have access is removed. An inmate shall be permitted to review the inmate's base file once every 6 months, unless additional reviews are approved by the warden. Inmate Access to Confidential Psychological Information. An inmate may obtain access to confidential psychological information in the inmate's base file in accordance with procedures described in this section. An inmate shall send a written request for access to the warden. A warden shall review a request with the appropriate psychology staff and decide if access may be granted. 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. 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. Fees. 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. A charge may not be made if the total amount of the fee is $1 or less. The Commissioner may waive the fee if the waiver is in the public interest. 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. Appeals. 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. 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. 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. 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. When the records are no longer needed, the case management manager, supervisor, or designee shall return the record to the State Records Center. Correctional Services Article, §§2-109(c), 3-601, and 3-603, Annotated Code of Maryland Effective date: May 27, 1991 (18:10 Md. R. 1117) 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) Regulations .01—.05 amended effective June 17, 1996 (23:12 Md. R. 872)