Chapter 19. Inmate Leave
Regulation .01 Purpose.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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 annotations
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland
History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
History: Regulation .04 amended effective November 22, 1993 (20:23 Md. R. 1805)