Chapter 15. Inmate Escape
Regulation .01 Definitions.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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 annotations
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland
History: Effective date: May 27, 1991 (18:10 Md. R. 1117)