<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".23" citation="COMAR 12.03.01.23" title_num="12" subtitle_num="03" chapter_num="01" heading="Disciplinary Proceeding Procedures — Sanction Phase — Imposing a Sanction.">
  <paragraph num="A.">
    <text>If the hearing officer renders a decision that the defendant is guilty of the inmate rule violation charged, the hearing officer shall permit the defendant or defendant’s representative and the facility representative the opportunity to present arguments on the possible sanction or sanctions for the inmate rule violation for which the defendant was found guilty (If the defendant is represented, the representative, and not the defendant, shall present the argument for or against sanctions).</text>
  </paragraph>
  <paragraph num="B.">
    <text>The hearing officer shall inform the defendant or defendant’s representative and the facility representative of the:</text>
    <paragraph num="(1)">
      <text>Sanction imposed; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Period and effective date of the sanction imposed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A sanction imposed becomes effective on the date determined by the hearing officer.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A sanction may include:</text>
    <paragraph num="(1)">
      <text>Disciplinary segregation housing;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Cell or bunk restriction;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Revocation of earned good conduct or special project credits, or both, that may:</text>
      <paragraph num="(a)">
        <text>Be applied to a sentenced inmate; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Except as provided in Regulation .25 of this chapter, be applied to a non-sentenced defendant later sentenced regardless of when the conduct underlying the inmate rule violation charged occurred or when the sanction was imposed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Suspension of an inmate privilege established by the Department or facility;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Restitution;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Reprimand; or</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Sanitation assignment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The hearing officer when imposing a sanction or the period of the sanction may consider either aggravating or mitigating factors associated with the inmate rule violation resulting in a guilty finding or informal disposition to either enhance or reduce the severity of the sanction and or period of the sanction.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The hearing officer prior to imposing a sanction and period of the sanction shall weigh and consider the defendant’s inmate rule violation history as documented by the defendant’s case record covering the current term of confinement.</text>
  </paragraph>
  <paragraph num="G.">
    <text>A sanction being served by a defendant shall be suspended and subsequently resumed at the time when the defendant:</text>
    <paragraph num="(1)">
      <text>Was temporarily out of custody due to an escape, erroneous release, or medical or mental health admission and is later returned to the custody of a Department correctional facility; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is under the custody and supervision of another jurisdiction or agency due to security reasons, on a detainer, or writ, and is later returned to the custody of the Department.</text>
    </paragraph>
  </paragraph>
</regulation>