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

## Subtitle 02 — Division of Correction

### Chapter 28 — Administrative Remedy Procedures to Resolve Inmate Complaints

#### Regulation .04 Conditions of Confinement Subject to the ARP.

*COMAR 12.02.28.04*

A. An inmate may use the ARP to resolve a complaint related to:

  (1) Correctional facility policy and procedures;

  (2) Medical and mental health services;

  (3) Access to a court;

  (4) Religious liberties;

  (5) Inmate property that is:

    (a) Lost;

    (b) Damaged;

    (c) Stolen;

    (d) Destroyed; or

    (e) Confiscated;

  (6) Complaints against staff;

  (7) Use of force;

  (8) Sentence computation and diminution of confinement;

  (9) Correctional facility conditions affecting inmate:

    (a) Health;

    (b) Safety; or

    (c) Welfare;

  (10) Retaliation for seeking to resolve a complaint through the ARP;

  (11) Management and application of the procedures under this chapter for resolving an inmate complaint;

  (12) Commissary; and

  (13) Inmate telephone system.

B. An inmate may not use the ARP to resolve a complaint concerning:

  (1) Case management recommendations and decisions;

  (2) Parole Commission procedures and decisions;

  (3) Inmate disciplinary hearing procedures and decisions;

  (4) Appeals of a decision to withhold inmate mail; or

  (5) The following acts by staff or another inmate, which shall be addressed according to Department procedures for addressing complaints under the Prison Rape Elimination Act:

    (a) Rape;

    (b) Sexual assault, sexual harassment, sexual abuse; and

    (c) Other sexual misconduct.