Chapter 09. Inmate Welfare Fund
Regulation .01 Purpose.LinkCopy Citation
These regulations provide policy and procedures for administration of inmate welfare funds at Department of Public Safety and Correctional Services (Department) correctional and detention facilities.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Commissary.
(a)
“Commissary” means a contractual service operation from which an inmate may purchase food, health items, and other sundry merchandise to enhance the inmate’s health and welfare needs.
(b)
“Commissary” does not include a cafeteria or lunchroom.
(2)
Inmate.
(a)
“Inmate” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.
(b)
“Inmate’ includes an individual referred to as a:
(i)
Resident; or
(ii)
Detainee.
(3)
“Emergency” has the meaning stated in COMAR 21.01.02.01.
(4)
“Emergency procurement” means the acquisition of goods or services under COMAR 21.05.06.02.
(5)
“Inmate welfare fund” means a fund used to benefit the general inmate population that is derived primarily from commissions from vendors who provide:
(a)
Commissary services;
(b)
Vending machines services.
(6)
“Managing official” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.
Regulation .03 Funding Administration.LinkCopy Citation
A.
Each Department correctional or detention facility shall establish and maintain an inmate welfare fund according to this chapter.
B.
The Inmate Welfare Fund Board (Board) shall oversee inmate welfare fund administrative activities.
C.
Board membership shall consist of the following Department personnel:
(1)
Secretary (Chairman);
(2)
Deputy Secretary for Operations (DSO);
(3)
Deputy Secretary for Administration (DSA);
(4)
Commissioner of Correction;
(5)
Commissioner of Pretrial Detention and Services;
(6)
Director of Patuxent Institution;
(7)
Assistant Attorney General assigned to the Department (Principal Counsel);
(8)
Chief Financial Officer; and
(9)
Director of Procurement Services.
D.
The Board, at a minimum, shall:
(1)
Review existing and proposed cost allocations for Department inmate-related programs to determine the use of inmate welfare funds in the subsequent budget year;
(2)
Identify and quantify priority projects to be supported with inmate welfare funding;
(3)
Identify the type of expenditures that require Board approval;
(4)
Identify the type of expenditures and the dollar amount delegated to Operations that may be disbursed without Board approval;
(5)
Determine the amount each Department correctional and detention facility’s inmate welfare fund is obligated to contribute to Department inmate-related programs; and
(6)
Prepare a year-end report that identifies all inmate welfare fund revenues and expenditures by type and dollar amount for the previous fiscal year.
E.
The Board, at a minimum, shall meet twice each fiscal year.
F.
The Deputy Secretary for Operations shall provide administrative support staff for the Board who shall:
(1)
Schedule meetings;
(2)
Document Board discussions and decisions;
(3)
File and maintain records of discussions and decisions; and
(4)
Perform other duties related to Board activities.
Regulation .04 Inmate Welfare Fund Expenditures.LinkCopy Citation
A.
Inmate welfare funds are reserved for the following Department programs and services:
(1)
Inmate Grievance Office; and
(2)
Priority inmate-related projects.
B.
Each managing official shall have the authority to approve inmate welfare fund expenditures authorized by the Board under Regulation .03 of this chapter, if:
(1)
The facility maintains adequate inmate welfare funds to make the required contribution to Department-related programs listed under §A of this regulation before the end of each fiscal year; and
(2)
The available balance of the facility inmate welfare fund does not drop below zero after the expenditure is made.
C.
Before a managing official uses inmate welfare funds to procure goods or services that have not been authorized by the Board, the managing official shall obtain authorization from the Board.
D.
A request to the Board under §C of this regulation shall include:
(1)
The facility to which the expenditure is to be charged;
(2)
A description of the item to be purchased;
(3)
The total amount of the proposed expenditure with detailed cost information as appropriate;
(4)
Justification for the proposed expenditure; and
(5)
The current inmate welfare fund account balance at the facility.
E.
A copy of the Board’s approval of a request submitted under §C of this regulation shall be attached to the related purchase order.
Regulation .05 Interest Earned on Inmate Welfare Funds.LinkCopy Citation
If applicable, interest earned on inmate welfare fund money, except for operating expenses, shall be deposited in the inmate welfare fund.
Chapter annotations
Authority: Correctional Services Article, §§2-109 and 10-502, Annotated Code of Maryland
History: Effective date: August 15, 1994 (21:16 Md. R. 1384)
History: Chapter revised effective August 16, 2004 (31:16 Md. R. 1256)
History: Regulation .01 amended effective March 2, 2015 (42:4 Md. R. 434)
History: Regulation .02B amended as an emergency provision effective September 23, 2013 (40:21 Md. R. 1772);
History: emergency status expired 1/1/2014
History: Regulation .02B amended effective March 2, 2015 (42:4 Md. R. 434); October 9, 2017 (44:20 Md. R. 946)
History: Regulation .03 amended as an emergency provision effective September 23, 2013 (40:21 Md. R. 1772);
History: Regulation .03 amended effective March 2, 2015 (42:4 Md. R. 434); October 9, 2017 (44:20 Md. R. 946)
History: Regulation .04 amended as an emergency provision effective September 23, 2013 (40:21 Md. R. 1772);
History: Regulation .04 amended effective March 2, 2015 (42:4 Md. R. 434)
History: Regulation .04A, D amended effective October 9, 2017 (44:20 Md. R. 946)
History: Regulation .05 adopted as an emergency provision effective September 23, 2013 (40:21 Md. R. 1772);
History: Regulation .05 adopted effective March 2, 2015 (42:4 Md. R. 434)