Chapter 18. Inmate Transfers

Adjudicated Federal Detainer.

“Commissioner” means the Commissioner of the Division of Correction or designee.

Concurrent Federal Sentence.

“Division” means Division of Correction.

“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.

“Field compact administrator” means the case management manager, supervisor, or specialist within each correctional institution who coordinates all actions involving the Interstate Corrections Compact.

“Headquarters compact administrator” means the headquarters staff person appointed by the Commissioner as the administrator for implementation of the Interstate Corrections Compact.

“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.

“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.

Total Sentence.

“Unserved balance of the total federal sentence” means the:

“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.

The sentencing judge;

The State's attorney of the jurisdiction in which the inmate was last convicted;

A member of the Commissioner's staff, including the chief psychologist or case management team of a Division institution; or

An inmate, by self-referral.

The following documents from the base file include:

School records;

The inmate's prior medical history, including any relevant medical and hospital records and reports, and the inmate's medical file;

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

Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.

Inmate's name;

Inmate's Division identification number;

Date of inmate's return to the Division from Patuxent Institution;

Change in the inmate's sentence; and

Date and decision of last parole hearing, if one was conducted.

The headquarters compact administrator shall review the referral packet and forward a written recommendation and rationale to the Commissioner for a final decision.

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.

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.

The case management specialist shall inform the inmate of the Commissioner's decision and may explain the rationale for that decision.

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.

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:

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.

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.

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.

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.

Movement within the Division;

Serious incidents;

Parole hearings and results;

Judicial matters;

Pending release through parole or expiration of sentence; and

A request by the inmate to return to the sending state.

Identify and maintain a list of inmates with adjudicated federal detainers;

Delete from the list the name of an inmate who may not be paroled by the Maryland Parole Commission;

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;

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;

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

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.