# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 02 — Division of Correction

### Chapter 25 — Mutual Agreement Programming

**Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland

**Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117)

**Administrative History:** Regulation .01B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554)

**Administrative History:** Regulation .02B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554)

**Administrative History:** Regulation .03 amended effective April 8, 1996 (23:7 Md. R. 554)

#### Regulation .01 Definitions.

*COMAR 12.02.25.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Case management unit” means a unit assigned to Division headquarters which is responsible for oversight and coordination of the MAP process.

  (2) “Case management specialist” means the assigned employee who is responsible for each eligible inmate in the case management process.

  (3) “Commissioner” means the Commissioner of the Division of Correction or designee.

  (4) “Correctional options program” means a graduated series of sanctions, treatment, and other program assistance focusing on nonviolent offenders.

  (5) “Division” means Division of Correction.

  (6) “MAP” means mutual agreement programming which is a process of negotiating an agreement between an inmate, the Parole Commission, and the Division.

  (7) “MAP agreement” means an agreement between an inmate, the Division, and the Maryland Parole Commission. This agreement stipulates programming in which an inmate shall participate and includes a guaranteed parole release date that is contingent upon satisfactory completion of all programming requirements in the agreement.

  (8) “MAP proposal” means a suggested program plan and suggested parole release that is considered at a MAP negotiation for inclusion in a MAP agreement.

#### Regulation .02 Eligibility Criteria.

*COMAR 12.02.25.02*

A. Eligibility criteria for MAP shall be prepared mutually by staff members of the Division and the Parole Commission. The criteria, as established, and as revised from time to time, shall be in a written document which shall be on file in the principal offices of the Division and the Parole Commission and made available, upon request, to all interested parties.

B. An inmate may not participate in MAP when the inmate:

  (1) Is serving a sentence over which the Maryland Parole Commission has no authority to parole;

  (2) Has been refused parole, approved for parole, placed on hold, or administratively refused parole;

  (3) Is within 6 months of a parole rehearing;

  (4) Has been revoked from parole;

  (5) Has had a previous MAP agreement cancelled during the inmate's current incarceration;

  (6) Is serving a fourth or subsequent separate adult incarceration of 6 months or more unless approved to participate in the correctional options program;

  (7) Has escaped, attempted to escape, conspired to escape within the last 5 years, escaped during the current incarceration, or has two or more escapes at any time;

  (8) Has been convicted of a new criminal offense which occurred while under the jurisdiction of the Division during the present incarceration;

  (9) Has been convicted of:

    (a) First or second degree murder,

    (b) First or second degree rape,

    (c) First or second degree sex offense,

    (d) Sodomy,

    (e) Child abuse, or

    (f) Assault with intent to commit, conspiracy to commit, attempt to commit, or solicitation to commit, an offense listed in this subsection;

  (10) Is on administrative segregation;

  (11) Is on disciplinary segregation or has not been released from disciplinary segregation for at least 180 days;

  (12) Is on housing restriction or probation, or has not been released from housing restriction or probation for 90 days;

  (13) Has been reclassified to greater security within the past 6 months; or

  (14) Is classified to maximum or super maximum security.

#### Regulation .03 Procedure.

*COMAR 12.02.25.03*

A. Before the development of a MAP proposal:

  (1) Division staff shall explain the requirements and procedures of MAP to the inmate;

  (2) An assessment shall be completed for each eligible inmate which, at a minimum, shall address the following areas:

    (a) Security and custody risks of the inmate;

    (b) Inmate's criminal history;

    (c) Nature and circumstances of the inmate's current offense;

    (d) Addictions assessment;

    (e) Medical evaluation;

    (f) Work and skill training history;

    (g) Educational data; and

    (h) Other data pertinent to the case such as psychosocial assessments or psychological evaluations;

  (3) Division staff shall establish MAP negotiating parameters which shall:

    (a) Establish the terms that the Division negotiator may approve at MAP negotiation;

    (b) Address at least the following areas of a MAP agreement and which shall be approved by the Commissioner:

      (i) Academic programming,

      (ii) Vocational programming,

      (iii) Treatment programming,

      (iv) Behavioral requirements,

      (v) Work release assignments,

      (vi) Institutional transfers,

      (vii) Changes in security, and

      (viii) Parole release.

B. In addition to having the MAP negotiation parameters approved by the Commissioner, final approval of a MAP agreement requires the agreement and signature of:

  (1) The inmate;

  (2) A representative from the Parole Commission; and

  (3) The Commissioner.

C. The inmate's case management specialist shall be responsible for monitoring the progress of each MAP agreement to ensure that it is being implemented. The case management specialist shall:

  (1) Take appropriate action to ensure that all scheduled activity is carried out within the time criteria established in the agreement;

  (2) Routinely assess the progress of an inmate, provide counseling when necessary, and propose changes in the agreement when necessary; and

  (3) Report each incident of failure to implement a requirement of the agreement to the case management unit at Division headquarters.

D. When a violation of the MAP agreement is reported, staff of the case management unit shall determine, under the terms of the agreement, whether the reported facts constitute a violation of specific agreement criteria. If it is determined that a violation has occurred, case management unit staff shall prepare a written notice describing the breach of the terms of the agreement.  Case management staff shall:

  (1) Recommend cancellation of the agreement; or

  (2) Recommend amending the terms of the agreement and forward copies of the recommendation to the:

    (a) Inmate, and

    (b) Maryland Parole Commission.

E. A MAP agreement may be cancelled if the terms of the agreement have been violated, or new information is received which was not known before the MAP negotiation hearing, and at least one of the signers of the agreement requires cancellation. A MAP agreement may also be cancelled at any time at the inmate's written request for any reason. Once a MAP agreement is cancelled, the inmate is subject to routine classification and parole procedures.

F. Completion of Terms of MAP Agreement.

  (1) Upon completion of the terms of the MAP agreement, the inmate's case  management specialist shall provide the case management unit staff with certification that the inmate has successfully completed the requirements of the agreement.

  (2) Case management unit staff shall review and verify the information in §F(1) and forward it to the Parole Commission before the inmate's scheduled release date.

  (3) Parole Commission staff shall then ensure that, contingent upon successful completion of all criteria of the MAP agreement, the inmate shall be released as scheduled.