Chapter 29. Inmates Convicted as Adults While Younger than 18 Years Old
Regulation .01 Scope.LinkCopy Citation
A.
This regulation applies solely to an inmate convicted of a crime that the inmate committed while younger than 18 years old and for which the inmate was sentenced to life imprisonment.
B.
This regulation supersedes any conflicting regulation or policy.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Case manager” means the case management specialist assigned to an inmate during the case management process.
(2)
“Commissioner” means the Commissioner of Correction.
(3)
“Division” means the Division of Correction.
(4)
“Inmate” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.
(5)
“Inmate case record” means documentation assembled, maintained, and used under Correctional Services Article, §3-601, Annotated Code of Maryland.
(6)
“Juvenile lifer” means an inmate serving a life sentence for a crime committed while younger than 18 years old.
(7)
“Outside detail” means a work assignment at a location other than the facility where an inmate is housed, and during which the inmate is under the direct supervision of a correctional officer.
(8)
“Programming” means the process of placing an inmate in programs that address the inmate’s risks and needs.
(9)
Release.
(a)
“Release” means any type of discharge from custody of the Division.
(b)
“Release” includes administrative release, parole, court ordered release, mandatory supervision release, expiration of sentence, work release, and community leave.
(c)
“Release” does not include an escape.
(10)
“Release date” means the date a juvenile lifer may be released from incarceration if the juvenile lifer:
(a)
Has been conditionally approved for parole by the Governor; or
(b)
Is entitled to release on mandatory supervision.
(11)
“Secretary” means the Secretary of Public Safety and Correctional Services.
(12)
“Security” means a correctional facility’s physical features which help control inmate behavior and prevent escape.
Regulation .03 Classification.LinkCopy Citation
A.
Initial Security Classification.
(1)
Upon intake of a juvenile lifer to a Division correctional facility and in accordance with the procedures established in COMAR 12.02.24, a case manager shall use the Division’s initial security classification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02.
(2)
A Division case manager shall assign the juvenile lifer to the least restrictive security level consistent with the:
(a)
Outcome of the security classification instrument;
(b)
Identified risk and needs;
(c)
Public safety; and
(d)
Safe and orderly operation of the facility.
(3)
After a juvenile lifer’s initial classification, eligibility for a less restrictive security level that includes participation in an outside detail, a work release program, or specific programs shall be determined during the juvenile lifer’s annual classification status review in accordance with the Case Management Manual and other applicable directives and regulations.
B.
Security Reclassification and Status Review.
(1)
A Division employee shall use the Division’s security reclassification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02:
(a)
Annually in accordance with the Case Management Manual and other applicable directives and regulations; or
(b)
Upon the Maryland Parole Commission’s request following a hearing conducted in accordance with the provisions established in COMAR 12.08.01 to improve a juvenile lifer’s suitability for parole.
(2)
A juvenile lifer, regardless of whether the juvenile lifer has a release date, shall be eligible for reclassification to a security level below medium security, if approved by the Commissioner, or a designee of the Commissioner.
(3)
A Division employee shall presume that a juvenile lifer is permitted to be assigned to the least restrictive security level, if the juvenile lifer’s score on the security reclassification instrument indicates eligibility for a less restrictive security level than the juvenile lifer’s current classification.
(4)
A Division employee may not apply the mandatory override in the security classification instrument that precludes a juvenile lifer from assignment to a security level below medium security.
(5)
Any override of the security classification instrument requires the Division employee to:
(a)
Document the reason for the override in the inmate’s case record; and
(b)
Provide the juvenile lifer with a written explanation of the reason for the decision.
(6)
If the Commissioner, or the Commissioner’s designee, denies a juvenile lifer assignment to a security level below medium security, the Commissioner, or the Commissioner’s designee, shall:
(a)
Document the reason for the denial in the inmate’s case record; and
(b)
Provide the juvenile lifer with a written explanation of the reason for the decision.
(7)
In order to improve a juvenile lifer’s suitability for parole, a case manager, the warden, and the Commissioner shall give significant weight to the requests or recommendations of the Maryland Parole Commission that a juvenile lifer be permitted to be assigned to a less restrictive security level or participate in specified inmate programming.
(8)
A juvenile lifer may not lose a privilege, job, or housing assignment in order to undergo a risk assessment or security status review as requested by the Maryland Parole Commission.
Regulation .04 Program Eligibility.LinkCopy Citation
A.
Juvenile Lifer with a Release Date.
(1)
A juvenile lifer who has a release date shall be eligible for an outside detail or the work release program, if approved by the Commissioner, or the Commissioner’s designee.
(2)
If the Commissioner, or the Commissioner’s designee, denies a juvenile lifer’s participation in an outside detail or the work release program, the Commissioner, or the Commissioner’s designee, shall:
(a)
Document the reason for the denial in the inmate’s case record; and
(b)
Provide the juvenile lifer with a written explanation of the reason for the decision.
B.
Juvenile Lifer Without a Release Date.
(1)
If warranted by exceptional circumstances, a juvenile lifer who does not have a release date shall be eligible for an outside detail if recommended by the Commissioner of Correction, or a designee of the Commissioner, and approved by the Secretary.
(2)
If the Secretary denies an outside detail for a juvenile lifer, the Secretary or the Secretary’s designee shall:
(a)
Document the reason for the denial in the inmate’s case record; and
(b)
Provide the juvenile lifer with a written explanation of the reason for the decision.
Chapter annotations
Authority: Correctional Services Article, §§2-109 and 3-205, Annotated Code of Maryland
History: Effective date: September 20, 2021 (48:19 Md. R. 802)