Title 12 — Subtitle 12. Patuxent Institution
Chapter 01. General Regulations
Regulation .01 Mission.LinkCopy Citation
The mission of Patuxent Institution is to reduce the rate of reincarceration by providing appropriate clinical assessment and treatment services within a secure environment to both mentally disordered or physically impaired inmates of the Division of Correction. Comprehensive and systemic habilitative opportunities shall be provided to assist inmates to become economically competitive, socially productive, and law-abiding citizens. In meeting this mandate, due regard to the safety of the public, correctional staff, and the inmate population shall be of paramount importance.
Regulation .02 Purpose and Philosophy.LinkCopy Citation
A.
The purpose of the Institution is to provide efficient and adequate programs and services for treatment with the goal of rehabilitation of eligible persons. This shall include a range of program alternatives indicated by the current state of knowledge to be appropriate and effective for the population being served. As an integral part of its program an effective research and development effort will be established and maintained to evaluate and recommend improvements on an ongoing basis.
B.
Programs, Services, and Goals.
(1)
In keeping with the purpose and philosophy, the Institution will provide a range of programs and services including:
(a)
Inmate evaluation;
(b)
Treatment;
(c)
Community supervision;
(d)
Research;
(e)
Program evaluation; and
(f)
Professional training.
(2)
The Institution's operations will be guided by the following policy-relevant goals:
(a)
Respond to the identified needs of eligible persons, employ the best affordable methods of mental health care, and provide the highest possible quality of care that will enable eligible persons to return to the community as productive, law-abiding citizens;
(b)
Provide a full range of mental health services responsive to the needs of eligible persons, and provide continuity of care by moving these persons among programs as their needs change;
(c)
Provide full protection of the rights of eligible persons within legal mandates and Departmental policies;
(d)
Provide for long-term service needs in the environment which provides the most appropriate level of security necessary to meet the eligible person's needs while protecting the public safety.
Regulation .03 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board of Review” means the Patuxent Institution Board of Review, created by Correctional Services Article, §4-205, Annotated Code of Maryland.
(2)
“Chronically mentally disordered” means exhibiting a recurrent pattern of major psychiatric illness.
(3)
“Chronic youthful offender” means an individual who has been tried in accordance with Courts and Judicial Proceedings Article, §3-804(e), Annotated Code of Maryland, and who exhibits a persistent pattern of conduct, typically manifested before the age of 18, in which the basic rights of others and other age-appropriate societal norms or rules are violated. The behavior pattern typically is present in the home, at school, with peers, and in the community.
(4)
“Commissioner” means the Commissioner of Correction or a designee.
(5)
“Conditional release” means any leave, work release, school release, or parole status granted to an eligible person by the Board of Review.
(6)
“Department” means the Department of Public Safety and Correctional Services.
(7)
“Director” means the Director of Patuxent Institution or a designee.
(8)
“Division” means the Division of Correction, which may include the Patuxent Institution D.C. Building, or any other housing units as designated by the Secretary during an emergency.
(9)
“Eligible person” means a Division inmate who has met the criteria for eligibility specified in Correctional Services Article, §4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05.
(10)
“Emotional imbalance” means a diagnosable and treatable mental disorder, which includes but is not limited to the disorders defined in §B(2) and (3) of this regulation.
(11)
“Evaluation team” means the team of Patuxent staff that evaluates Division inmates to determine whether they are eligible persons, and includes at a minimum a:
(a)
Social worker or behavioral scientist;
(b)
Psychologist; and
(c)
Psychiatrist.
(12)
“Institution” means Patuxent Institution.
(13)
“Intellectual deficiency” means impaired intellectual functioning for which treatment may be ameliorative, and includes but is not limited to mental retardation, as defined in §B(14) of this regulation.
(14)
“Mentally retarded” means exhibiting significantly subaverage general intellectual functioning, accompanied by significant deficits or impairments in adaptive functioning, with onset before the age of 18.
(15)
“Noneligible person” means a Division inmate who does not meet the criteria for eligibility as specified in Correctional Services Article, §4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05, or an eligible person who no longer meets these criteria.
(16)
“Prerelease status” means leaves, work release, school release, or any other type of out-of-institution status granted to an eligible person, except parole, as authorized by law.
(17)
“Prescreening” means the preliminary assessment conducted by the Division to determine whether a Division inmate is eligible to be referred to the Institution for evaluation, as specified in COMAR 12.12.02.01 or .02.
(18)
“Secretary” means the Secretary of Public Safety and Correctional Services.
(19)
“Treatment team” means a unit of treatment personnel, which includes a psychiatrist, psychologists, and social workers. There are four treatment teams (or treatment units) at the Institution. Each inmate is assigned to a specific treatment unit, and the inmate will usually remain with the same unit throughout the inmate's stay at the Institution. The treatment unit is responsible for the inmates assigned to their unit.
(20)
“Victim” means a person who suffers personal physical injury or death, or, if the victim is deceased, a designated family member, as set forth in Correctional Services Article, §4-101(i), Annotated Code of Maryland.
(21)
“Warden” means the Warden of Patuxent Institution or a designee.
Chapter 02. Prescreening for Referral
Regulation .01 General Referral Criteria.LinkCopy Citation
A.
To be eligible for referral to the Institution for evaluation, Division inmates shall meet both of the following criteria:
(1)
Have at least 3 years remaining on their sentences of criminal imprisonment; and
(2)
Have not been evaluated by the Institution, or admitted to the Institution as an eligible person, within the preceding 3 years.
B.
The following Division inmates are excluded from eligibility for referral to the Institution for evaluation:
(1)
With the exception of inmates incarcerated for crimes committed on or before July 1, 1987, inmates serving two or more sentences of imprisonment for life under the provisions of Criminal Law Article, Title 2, Subtitle 2, Annotated Code of Maryland;
(2)
With the exception of inmates incarcerated for crimes committed on or before July 1, 1987, inmates serving one or more sentences of imprisonment for life when a court or jury has found, beyond a reasonable doubt, that one or more aggravating circumstances existed under the provisions of Criminal Law Article, §2-303, Annotated Code of Maryland;
(3)
With the exception of inmates incarcerated for crimes committed on or before March 20, 1989, inmates convicted of murder in the first degree, rape in the first degree, or a sexual offense in the first degree, unless the sentencing judge, at the time of sentencing or in the exercise of the judge's revisory power under the Maryland Rules, recommends to the Commissioner that the inmate be referred to the Institution for evaluation; and
(4)
Inmates who have unresolved interstate or federal detainers, or pending charges.
Regulation .02 Special Populations Criteria.LinkCopy Citation
A.
The Division shall give special consideration to the referral of inmates who meet the criteria specified in Regulation .01 of this chapter, and who also meet one or more of the following special populations criteria:
(1)
Chronically mentally disordered;
(2)
Chronic youthful offenders who meet the criteria of Courts and Judicial Proceedings Article, §3-804(e), Annotated Code of Maryland; or
(3)
Mentally retarded.
B.
With the approval of the Secretary, the Director shall establish guidelines for the Division to use in making the determination specified in §A of this regulation.
C.
The chief psychologist or classification team of a Division facility shall make the determination specified in §A, using the guidelines developed by the Director under §B of this regulation.
Regulation .03 Recommendation for Referral.LinkCopy Citation
All Division inmates who meet the referral criteria set forth in Regulation .01 or .02 of this chapter may be recommended to the Commissioner for referral for evaluation under the provisions set forth in Regulation .04 of this chapter.
Regulation .04 Referrals for Evaluation from the Division of Correction.LinkCopy Citation
A.
The following persons may recommend to the Commissioner that an inmate, who meets the criteria specified in Regulation .01 or .02 of this chapter, be referred to the Institution for evaluation as to whether or not the inmate is an eligible person:
(1)
The sentencing judge;
(2)
The State's Attorney of the jurisdiction in which the inmate was last convicted;
(3)
A member of the Commissioner's staff, including the chief psychologist or classification team of a Division facility; or
(4)
An inmate, by self-referral.
B.
The Commissioner shall maintain a list of Division inmates eligible to be referred to the Institution for evaluation. The Commissioner's list shall be submitted monthly to the Director.
Chapter 03. Evaluation Process
Regulation .01 General.LinkCopy Citation
The Institution, in accordance with the availability of current program vacancies, shall assign an evaluation team to determine the eligibility of Division inmates referred by the Commissioner. The Institution shall maintain a list of Division inmates who have been evaluated and found to be eligible for Institution programs when vacancies occur.
Regulation .02 Evaluation Team.LinkCopy Citation
A.
A minimum of three members of the evaluation team shall examine the referred inmate at either a Division of Correction facility or at the Institution. The members of the evaluation team who examine the inmate shall include a social worker or a behavioral scientist, a psychologist, and a psychiatrist. The selection of the location for the examination shall be at the discretion of the Director.
B.
The evaluation team shall meet at the Institution to determine whether the Division inmate is an eligible person, according to the criteria specified in Correctional Services Article, §4-101(e), Annotated Code of Maryland, and Regulation .05 of this chapter.
Regulation .03 Records Review.LinkCopy Citation
A.
If the examination is to be conducted at a Division of Correction facility, the records needed by the evaluation team shall be assembled by the Division as specified below:
(1)
The following documents from the base file:
(a)
Copy of commitment order,
(b)
Admission summary,
(c)
Copy of sentencing guidelines,
(d)
Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate, or documentation that none exist,
(e)
Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed upon that conviction,
(f)
State's version of the crime,
(g)
Prior criminal and juvenile history and all relevant records concerning it,
(h)
Disciplinary record, and
(i)
Correspondence from judges and State's Attorneys relating to their referral and recommendation of inmates to the Institution;
(2)
School records;
(3)
The inmate's prior medical history, including any relevant medical and hospital records and reports and the inmate's medical file;
(4)
The inmate's prior mental health history, including the inmate's psychological file, previous psychological or psychiatric evaluations, record of psychiatric medications, progress notes, and records of any previous psychiatric, drug abuse, or alcohol abuse treatment; and
(5)
All other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.
B.
If the examination is to be conducted at the Institution, the Division shall ensure that all of the records specified in §A of this regulation accompany the Division inmate to the Institution.
Regulation .04 Resources.LinkCopy Citation
The evaluation team shall be provided the workspace and resources necessary to carry out the examination.
Regulation .05 Eligibility Criteria.LinkCopy Citation
A.
A Division inmate shall be considered an eligible person if the evaluation team reaches all of the following conclusions:
(1)
The inmate meets all of the referral criteria specified in COMAR 12.12.02.01 or .02;
(2)
The inmate has an emotional imbalance or intellectual deficiency;
(3)
The inmate can be expected to benefit from current programs and services provided at the Institution; and
(4)
The inmate can be better habilitated through the Institution's programs and services than by other incarceration.
B.
In making the determination required by §A of this regulation, the evaluation team may consider the following information concerning the Division inmate:
(1)
Age;
(2)
The nature of the offense;
(3)
Current sentence;
(4)
Prior criminal history;
(5)
Disciplinary record; and
(6)
Clinical criteria, as approved by the Director and the Secretary, to be used by the evaluation team in selecting candidates for vacancies in the roster of a specific program.
Regulation .06 Findings.LinkCopy Citation
After its review, the evaluation team shall develop a list of inmates in the following categories:
A.
Eligible persons, who may be admitted to the Institution when program vacancies occur; or
B.
Noneligible persons, who may not be admitted to the Institution.
Regulation .07 Written Reports.LinkCopy Citation
The evaluation team shall deliver a report to the Director recommending whether the inmate is an eligible person or a noneligible person. The report shall support the team's findings with respect to each of the criteria set forth in Correctional Services Article, §2-113, Annotated Code of Maryland, and Regulation .05 of this chapter.
Chapter 04. Inmate Transfers
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Interstate Corrections Compact” means the statute enabling a state to contract for the transfer of an inmate in the state to another state for confinement, treatment, and rehabilitation.
(2)
“Member state” means a state which has enacted legislation to implement the Interstate Corrections Compact, and which has a contractual agreement with Maryland for the purpose of transferring inmates.
(3)
“Voluntary transfer” means the return to the Division of an inmate referred to the Institution for evaluation, or of an eligible person admitted to the Institution for treatment, when the Division inmate or eligible person has made a request in writing to leave the Institution.
Regulation .02 Voluntary Transfer to the Division of Correction.LinkCopy Citation
All Division inmates referred to the Institution for evaluation, and all eligible persons committed to the Institution for treatment, have the right to transfer from the Institution to the Division by written request. Voluntary transfers are governed by the following rules:
A.
A referred inmate or eligible person may request transfer at any time after arrival at the Institution;
B.
Upon receipt of the request the Commissioner shall, within 90 days from the date of receipt, arrange for the inmate's transfer;
C.
After transfer the inmate is not eligible to return to the Institution for 3 years from the date of transfer.
Regulation .03 Involuntary Transfer to the Division of Correction.LinkCopy Citation
A.
If the evaluation team concludes that the inmate is not an eligible person, the Director shall notify the Commissioner and send the Commissioner a copy of the team's report. Within 30 days after that notice, the inmate shall be delivered to the appropriate correctional facility designated by the Commissioner.
B.
If the Board of Review determines that an eligible person is no longer eligible to remain in the Institution's program, the Director shall notify the Commissioner and send the Commissioner a copy of the evaluation team's report. Within 90 days after that notice, the inmate shall be delivered to the appropriate correctional facility designated by the Commissioner.
C.
After transfer the inmate is not eligible to return to the Institution for 3 years from the date of transfer.
Regulation .04 Interstate Corrections Compact Transfer.LinkCopy Citation
A.
If an inmate desires to transfer to another member state, the inmate shall be instructed to request a voluntary transfer from the Institution to the Division, and the provisions of Regulation .02 of this chapter shall apply.
B.
The Institution shall notify the Division of the inmate's desire to transfer to another member state pursuant to the Division's Interstate Corrections Compact procedures.
Chapter 05. Treatment Programs and Assessment During Treatment
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Inmate progress review” means the system by which eligible persons are assigned to Institution jobs, receive Institution job security classification, and are assigned to levels in the graded tier system. These assignments are based on an evaluation of the security risk posed by the eligible person and on the eligible person's progress in Institution programs.
(2)
“Progress review committee” means the team of staff members who are responsible for assigning eligible persons to Institution jobs, job security classifications, and levels in the graded tier system. There are four progress review committees at the Institution, one for each treatment unit. Each committee is composed of all treatment staff from the respective unit, a custody supervisor appointed by the Warden, and a member of the Education Department appointed by the Institution's Director of Education.
Regulation .02 General.LinkCopy Citation
A.
The Director shall develop specifically defined treatment programs to enable the Institution to comply with its mission.
B.
In designing these treatment programs, the Director shall:
(1)
Identify specific clinical disorders to be treated and researched at the Institution;
(2)
Specify a comprehensive assessment methodology that will enable the Institution to identify potentially treatable inmates suffering from a diagnosable clinical disorder;
(3)
Develop a specific treatment program for each clinical disorder;
(4)
Develop an appropriate mechanism to monitor, measure, and assess the efficacy of each program, through a plan of continuing program evaluation; and
(5)
Develop a mechanism for quality assurance that provides for the periodic review and revision of each program.
Regulation .03 Treatment Programming.LinkCopy Citation
A.
Each treatment program developed by the Director for a specific clinical disorder or disorders shall be governed by a set of clinical guidelines, which shall include the following:
(1)
A description of the clinical disorder or disorders to be treated;
(2)
The current professional standards of practice for the treatment of the clinical disorder or disorders;
(3)
The specific treatment methods to be applied at the Institution in treating the clinical disorder or disorders; and
(4)
The specific outcome measures for determining the effectiveness of the treatment in each case.
B.
The treatment unit shall develop an individualized treatment plan for each eligible person, and the treatment plan shall be approved by the Associate Director for Treatment. The treatment plan shall identify the eligible person's clinical disorder, and the specific therapeutic interventions to be used to ameliorate the disorder.
Regulation .04 Assessment During Treatment.LinkCopy Citation
A.
The treatment assessment shall begin at the time a Division inmate is found to be an eligible person and transferred to the Institution for treatment.
B.
The treatment assessment shall include comprehensive clinical reports, individual treatment plans, progress notes, and any other information prepared by the staff for the eligible person's annual consideration by the Board of Review.
C.
Assessments shall be ongoing, and with the approval of the Board of Review, an eligible person may be continued in treatment or returned to the Division of Correction.
Regulation .05 Inmate Progress Review.LinkCopy Citation
A.
The progress review committee for each treatment unit shall review and decide the disposition of tier level demotions and promotions, job assignments, and job security classifications for each eligible person assigned to the treatment unit. Decisions of the progress review committee shall be by majority vote of the voting members of the committee present at the meeting.
B.
Each decision of a progress review committee that results in a change, positive or negative, in an eligible person's tier level, job assignment, or job security classification shall be documented by recording the vote, supporting rationale, and dissenting rationale on a progress review results form.
C.
An affected eligible person shall be given a brief written statement setting forth the committee's decision, with a statement of reasons in support of the decision, without reflecting the vote of each committee member.
Regulation .06 Assignment of Job Security Level.LinkCopy Citation
A.
The Institution is a maximum security correctional facility operated by the Department of Public Safety and Correctional Services. An eligible person in the Institution's program is assigned a security level for the purposes of job assignment only. For all other purposes, an eligible person in the Institution's program is considered to be a maximum security inmate.
B.
Job Security Levels.
(1)
The job security levels available to eligible persons are described in this section.
(2)
Maximum. Eligible persons with this job security level shall be restricted to jobs done completely within the interior of the Institution's buildings. This classification shall automatically apply to all new arrivals to the Institution and shall remain in effect until revised by the proper action of the progress review committee.
(3)
Close. Eligible persons with this job security level shall be restricted to jobs that do not require the eligible person to work outside the Institution's perimeter. Only eligible persons on third or fourth level tiers shall be granted close security unless otherwise authorized by the Director.
(4)
Status. Eligible persons with this job security level shall be allowed to work in jobs that require the eligible person to be outside of the Institution's perimeter under supervision. Only eligible persons granted prerelease status by the Board of Review shall be allowed the job security level of status, and these eligible persons shall automatically receive the job security level of status upon the Board of Review's grant of prerelease status to the eligible person. Eligible persons on prerelease status shall retain the job security level of status while they remain housed in the Institution.
C.
The progress review committee shall consider the following factors in deciding whether to assign an eligible person to a specific job security level:
(1)
Eligible person's need for supervision;
(2)
Adjustment in the Institution;
(3)
Length of sentence;
(4)
Nature of the eligible person's offense;
(5)
Progress in treatment; and
(6)
Therapeutic requirements of the eligible person.
Chapter 06. Board of Review
Regulation .01 Composition and Qualifications.LinkCopy Citation
A.
The Board of Review shall have nine members including four institutional members and five public members. Of the five public members, one shall be a member of a victim's rights organization.
B.
The four institutional members of the Board of Review shall include the:
(1)
Director;
(2)
Associate Director, Warden;
(3)
Associate Director, Treatment; and
(4)
Associate Director, Behavioral Science, who shall serve as Executive Secretary.
C.
The five public members of the Board of Review shall:
(1)
Be members of the general public;
(2)
Be appointed by the Governor with the advice and consent of the Senate;
(3)
Serve a term of 4 years; and
(4)
Be paid as provided in the State budget.
D.
The Chairman of the Board of Review shall be appointed by the Governor.
Regulation .02 Powers.LinkCopy Citation
A.
During its annual review of each eligible person, the Board of Review shall consider the eligible person's response to treatment and decide whether the eligible person may continue in treatment or be returned to the Division of Correction.
B.
In addition, the Board of Review may:
(1)
Grant, revoke, extend, or change the conditions governing the status of an eligible person, including eligible persons on leave, work release, and school release status;
(2)
Revoke, extend, or modify the conditions governing the status of a paroled eligible person;
(3)
Recommend to the original sentencing court that a paroled eligible person be released from supervision, and the remaining sentence be suspended or vacated, after the paroled eligible person has successfully completed 3 years on parole without violation;
(4)
Recommend to the Secretary parole for eligible persons serving nonlife sentences for crimes committed after March 20, 1989;
(5)
Recommend to the Governor parole for eligible persons serving life sentences for crimes committed after July 1, 1982 and on or before March 20, 1989;
(6)
Recommend to the Secretary and the Governor parole for eligible persons serving life sentences for crimes committed after March 20, 1989;
(7)
Grant parole to eligible persons serving nonlife sentences for crimes committed on or before March 20, 1989, and to eligible persons serving life sentences for crimes committed on or before July 1, 1982;
(8)
Ratify the issuance of retake warrants for eligible persons on prerelease status and parole;
(9)
Order the return to the Institution of an eligible person on prerelease status or parole, for the purposes of a special appearance before the Board;
(10)
Decide grievances of an eligible person on prerelease status or parole;
(11)
Decide matters without a hearing concerning:
(a)
Compassionate leaves for eligible persons on prerelease or parole status,
(b)
Leave schedules and dates for eligible persons on prerelease or parole status, and
(c)
Requests from eligible persons on prerelease status or parole;
(12)
Recommend interstate compact agreements for paroled eligible persons with other jurisdictions;
(13)
Conduct annual reviews of the status of each eligible person;
(14)
Recommend policies to the Director; and
(15)
Consider only those matters approved by the Director.
C.
The unit treatment teams shall make recommendations for changes in an eligible person's status to the Director, and upon the approval of the Director these recommendations shall be forwarded to the Board of Review.
Regulation .03 Hearings.LinkCopy Citation
The Board of Review shall conduct hearings as required by law or these regulations.
Regulation .04 Meetings and Procedures.LinkCopy Citation
A.
The Board of Review shall:
(1)
Meet not less than once per month and may meet more often as needed;
(2)
Conduct executive sessions during its regular meetings to discuss issues relating to eligible persons and policy matters;
(3)
Conduct an administrative session not less than once per year to discuss broader policy issues; and
(4)
Hold informal hearings in all matters, except as provided elsewhere in this subtitle.
B.
Board of Review meetings are closed to the public, unless the Board of Review has approved the attendance of a member of the public.
Regulation .05 Quorum.LinkCopy Citation
A.
A quorum of the Board of Review consists of seven members, three of whom shall be public members.
B.
An eligible person may only be released into the community on prerelease status, or recommended to the Secretary or the Governor for parole status, if the decision has been approved by a quorum of the Board of Review, as defined in §A of this regulation.
C.
All other decisions of the Board of Review require a simple majority of the members present.
Regulation .06 Secretary's Authority.LinkCopy Citation
Under the provisions of Correctional Services Article, §2-113, Annotated Code of Maryland, the Secretary may exercise discretion or perform any power, duty, responsibility, or function of the Institution.
Chapter 07. Leave, Work Release, and School Release
Regulation .01 Purpose.LinkCopy Citation
Eligible persons may be granted the privilege of leaving confinement during necessary and reasonable hours for the purposes of leave, working at gainful private or public employment, or attending school as part of a school release program. These programs may also include, under appropriate conditions, release for the purpose of seeking employment or schooling. Leave, work release, and school release are considered prerelease programs intended to prepare eligible persons for parole, mandatory supervision, or expiration of sentence. An eligible person does not have any right to be granted leave, work release, or school release. Leave, work release, and school release are privileges to be granted or revoked at the discretion of the Board of Review.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(2)
Leave.
(a)
“Accompanied day leave” means a leave in which the prerelease inmate is accompanied into the community by an Institution staff member, usually a member of the treatment team, for the purpose of becoming familiar with the community resources, or to find employment, or to accomplish a basic task of community reentry.
(b)
“Compassionate leave” means a leave for a prerelease inmate authorized only for the purpose of visiting a member of the immediate family who is seriously ill or attending the funeral of a member of the family.
(c)
“Holiday leave” means a special leave which follows a holiday schedule approved by the Board of Review and consists of 5 days and 4 nights at an approved place in the community. The usual holiday periods are: Washington's Birthday, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Prerelease inmates who have monthly leave status are eligible for holiday leave, which may be granted instead of, but not in addition to, any other leave.
(d)
“Monthly leave” means a leave in which the prerelease inmate may be granted up to 3 days and 2 nights of leave to an approved place in the community once a month. The usual hours of the leave are from 7:30 a.m. on the first day to 9 p.m. on the last day.
(e)
“Unaccompanied day leave” means a leave in which the prerelease inmate may depart the Institution at 7:30 a.m. and return by 9 p.m. The prerelease inmate shall have a specific destination which has been approved by the unit. A prerelease inmate on day leave status may have two leaves a month, which must be separated by at least 5 days unless authorized by the Director. The hours of the leave may be changed if necessary and if approved by the Director.
(3)
“Level” means the system of treatment tiers through which an inmate may progress while confined to the Institution for treatment. There are four treatment tier levels, with level 1 having the most restrictions and the least inmate privileges, and level four having the least restrictions and the most inmate privileges and responsibilities. Inmates are promoted through the treatment tiers on the basis of their behavior within the Institution and their progress in treatment. Inmates are only eligible to be considered for the prerelease program if they are on level 4.
(4)
“Parole” means a conditional release from the Institution, after a portion of the sentence has been served in confinement, to serve the balance of the sentence under supervision in the community. Parole is a privilege and not a right.
(5)
“School release” means conditional leave from the Institution for participation in an education program offered in the community and deemed beneficial to the treatment of the prerelease inmate, and not detrimental to the public. School release is a part of the Institution's treatment program to prepare the prerelease inmate for survival in the community upon parole, mandatory supervision, or expiration of sentence.
(6)
“Work release” means a conditional leave from the Institution for participation in an employment program offered in the community and deemed beneficial to the treatment of the prerelease inmate, and not detrimental to the public. Work release is a part of the Institution's treatment program to prepare the prerelease inmate for survival in the community upon parole, mandatory supervision, or expiration of sentence.
Regulation .03 General.LinkCopy Citation
The Board of Review has the power to grant, revoke, or modify an inmate's prerelease status.
Regulation .04 Public Safety Criteria.LinkCopy Citation
A.
In considering an inmate for any form of prerelease status, the Board of Review shall consider the following public safety criteria:
(1)
The compatibility of the release of the inmate on leave, work release, or school release with the safety and welfare of society;
(2)
The length of the inmate's sentence and the amount of time served on the current term of imprisonment to date;
(3)
The nature of the crime for which the inmate is currently incarcerated;
(4)
The circumstances surrounding the crime for which the inmate is currently incarcerated;
(5)
The determination that leave, work release, or school release would not depreciate the seriousness of the inmate's crime, promote disrespect for the law, or have an adverse effect on Institution discipline;
(6)
The existence of any unresolved out-of-State or federal detainers;
(7)
Any reports or recommendations made by the inmate's victim or victims, or a representative designated by the victim;
(8)
Any reports or recommendations made by the sentencing judge, State's Attorney, or a professional medical consultant;
(9)
Any other factors or information which the Board of Review may find relevant in assessing the risk to public safety which may be posed by placing the inmate on prerelease status.
B.
In making the determination required by §A(1) of this regulation, the Board shall consider:
(1)
The inmate's prior criminal and juvenile record, and prior incarceration, parole, and probation records;
(2)
The inmate's past use of narcotics, other controlled dangerous substances, or alcohol;
(3)
The inmate's family status and family stability;
(4)
A recent assessment of the inmate's propensity toward violence conducted by a mental health practitioner;
(5)
Any reports or recommendations made by the Institution treatment or custody staff concerning the likelihood that the inmate will remain at liberty without violating local, State, or federal laws or the terms and conditions governing the inmate's prerelease status; and
(6)
The adequacy of the inmate's leave, school, or work release plan, which shall include information concerning employment plans, occupational skills, and job potential.
Regulation .05 Progress-in-Treatment Criteria.LinkCopy Citation
A.
In considering an inmate for prerelease status, the Board of Review shall consider the following progress-in-treatment criteria:
(1)
The inmate's overall progress in treatment;
(2)
The inmate's overall behavior and adjustment while incarcerated;
(3)
Whether prerelease status would assist in the inmate's treatment by enhancing the inmate's ability to lead a law-abiding life;
(4)
Whether the inmate has successfully functioned in any previous prerelease status; and
(5)
Any other factors or information which the Board of Review considers relevant in assessing the inmate's progress in treatment.
B.
In making the determination required by §A(1) of this regulation, the Board of Review shall consider:
(1)
The reports or recommendations of the Institution treatment and custody staff;
(2)
The inmate's adjustment on level 4;
(3)
Whether the inmate's treatment level history demonstrates progressive responsibility in moving from level 1 to level 4;
(4)
The inmate's participation in Institution treatment programs and self-help programs;
(5)
Whether the inmate has demonstrated emotional maturity and insight into his or her problems, as assessed through the reports or recommendations of the Institution treatment and custody staff;
(6)
The inmate's ability and readiness to assume obligations and undertake responsibilities; and
(7)
The inmate's educational, vocational, and other training.
C.
In making the determination required by §A(2) of this regulation, the Board of Review shall consider:
(1)
The inmate's Institution disciplinary record; and
(2)
The inmate's current attitude towards discipline and other authority, as assessed through the reports or recommendations of Institution treatment and custody staff.
D.
Hearings.
(1)
The Board of Review shall conduct a hearing to determine the appropriateness of granting or revoking leave, work release, or school release. Hearings shall consider the recommendations of the inmate's unit treatment team.
(2)
A record shall be maintained of the hearing noting the date, the vote of the Board of Review, and the outcome of the proceedings.
(3)
The Board of Review shall conduct hearings at the Institution in accordance with a preestablished schedule.
E.
Procedure for Hearings.
(1)
A leave, work release, or school release hearing is an interview of the inmate by the Board of Review. Attendance shall be restricted to authorized Institution staff, except that other interested persons, including victims, may attend with the approval of the Board of Review. The hearing is private and shall be held in an informal manner, allowing the opportunity to give free expression to an inmate's views and feelings relating to the case. Formal presentations by an attorney, relatives, victims, and other interested persons are not permitted at the hearing. Attorneys, relatives, victims, and other interested persons may submit information in writing for the Board of Review's consideration before the hearing.
(2)
Detailed reports shall be furnished by those familiar with the inmate to assist the Board of Review in its deliberations.
(3)
The unit treatment team or work release supervisor from the treatment unit assigned to the inmate shall attend all hearings concerning that inmate. The inmate's work release supervisor or other unit member having knowledge of relevant facts shall be available to provide new information which may have developed since the date of the reports furnished to the Board of Review and to assist in answering questions which may arise concerning the inmate or Institution policy.
Regulation .06 Granting Leave, Work Release, and School Release.LinkCopy Citation
A.
Leave, work release, or school release may not be granted unless approved by the affirmative vote of a quorum of the Board of Review, as defined in COMAR 12.12.06.05A.
B.
Victim Comment, Victim Notification, and Police Notification.
(1)
The Board of Review shall give the inmate's victim a reasonable opportunity to comment in writing before the Board of Review decides whether to grant leave, work release, or school release to the inmate.
(2)
The victim may designate, in writing to the Board of Review, the name and address of a representative, who is a resident of the State, to receive notice for the victim that the inmate will be considered for leave, work release, or school release.
(3)
The Board of Review shall delete the victim's address and telephone number before examination of any document by the inmate or the inmate's representative.
(4)
If the victim cannot be located, the judge holding jurisdiction over the inmate's sentence may be contacted for comment.
(5)
The Board of Review shall notify the victim of its decision regarding leave, work release, or school release.
(6)
The Board of Review shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed whenever an inmate has been approved for leave, work release, or school release status.
C.
The Board of Review shall notify the inmate of its decision regarding placement on leave, work release, or school release.
D.
The Director shall ensure that a waiver of extradition form is completed by an inmate before authorizing an inmate for leave, work release, or school release.
E.
A member of the inmate's unit treatment team shall ensure that the waiver of extradition form is filed in the inmate's base file.
F.
Governing Rules.
(1)
Before starting a leave, work release, or school release program, the inmate shall sign an agreement that affirms the inmate's understanding of the regulations governing the leave, work release, or school release programs. These regulations are as found in this section.
(2)
The inmate on leave, work release, or school release may not go outside the limits of the State without the written permission of the Institution Board of Review.
(3)
The inmate on leave, work release, or school release may not commit any act which would be a violation of any federal law, State law, or municipal ordinance, and shall conform to all rules of conduct imposed by the Institution or an authorized representative of the Institution.
(4)
The inmate on leave, work release, or school release shall report back to the Institution at the time specified on the pass, or wherever and whenever an authorized representative of the Institution may direct.
(5)
The inmate on leave, work release, or school release may not own, possess, use, buy, sell, or have under his or her control any firearm or weapon of any description.
(6)
The inmate on leave, work release, or school release may not enter into any contract to engage in business, borrow money, enter into any installment contract, incur any debt, or acquire ownership of any motor vehicle without first having obtained written permission from the Board of Review.
(7)
The inmate on leave, work release, or school release may not unlawfully possess, use, buy, sell, or have under his or her control any narcotic drug, controlled dangerous substance, or related paraphernalia.
(8)
The inmate on leave, work release, or school release shall submit to any test or search that is prescribed by the Institution or its authorized representative to detect the usage of alcohol or controlled dangerous substances, or the possession of contraband.
(9)
If work release has been granted by the Board of Review, and the court has ordered restitution as part of the sentence or as a condition of probation, the Board of Review shall require the inmate to make restitution payments.
(10)
The inmate on leave, work release, or school release may not engage in conduct that would pose a threat to public safety.
(11)
The inmate on leave, work release, or school release may not drink any intoxicating beverage.
(12)
The inmate on leave, work release, or school release shall have a pass in his or her possession at all times while outside the confines of the Institution and shall notify the Institution in case of emergency or to resolve questions of identity.
(13)
The inmate on leave shall request approval from the Board of Review to withdraw additional funds from his or her financial accounts for his or her personal needs and to defray the cost of transportation to and from the Institution.
(14)
The inmate on leave, work release, or school release shall deposit all wages in the Institution's business office on a weekly basis, unless otherwise specified, together with an attached voucher indicating the number of hours worked, hourly wages, deductions, and number of days worked.
(15)
The inmate on leave shall strictly adhere to the times and geographical locations specified on the inmate's leave itinerary.
(16)
Work release or school release inmates shall use their time outside the Institution for purposes of work or attending school. Work or school attendance is regularly supervised by the Institution. Employers or school supervisors are requested to call the Institution if the inmate does not report as scheduled. In appropriate cases, inmates on work release or school release may be granted leaves for purposes other than work or school attendance.
(17)
Inmates on leave status are not permitted to use their leaves for the purposes of engaging in employment. This does not prohibit the authorized search for employment in preparation for work release.
(18)
Unless otherwise indicated, a work release or school release inmate shall report to the community supervision clinic for supervision as scheduled.
Regulation .07 Housing of Inmates Granted Work Release or School Release Privileges.LinkCopy Citation
The Institution shall designate facilities for the housing of inmates granted work release or school release privileges.
Regulation .08 Monitoring and Supervision of Leave, Work Release, and School Release Participants.LinkCopy Citation
A.
Every participant in the prerelease program shall be monitored and supervised in the community to assure the continued safety of the public.
B.
The Associate Director for Treatment and the administrator of the reentry facility shall develop and implement a plan for community supervision of participants in the work release and school release programs. The plan shall be approved by the Director, and shall include procedures for work or school site visits, home visits, and documentation and reporting of any prerelease violations.
C.
The following shall be responsible for managing the community monitoring program and shall see that the personnel performing the monitoring tasks meet the requirements of the plan developed pursuant to §B of this regulation:
(1)
For the leave program, the unit treatment team chairman shall be the responsible manager;
(2)
For the work release and school release program, the administrator of the reentry facility shall be the responsible party.
D.
A disapproval decision for leave of an inmate by the unit treatment team is subject to appeal to the Board of Review by the inmate.
E.
An inmate who is successfully participating in the work release or school release program may be eligible for a 1-day leave. To be eligible, the inmate shall have the recommendation of the inmate's direct supervisor in the work release or school release program, meet all the leave regulations specified in Regulation .06F of this chapter, and have the approval of the Board of Review.
F.
An inmate released from confinement on leave or a work release or school release program who commits a major violation as delineated in Correctional Services Article, §4-306(c), Annotated Code of Maryland, and COMAR 12.12.09.03A, shall be subject to the penalties provided.
Regulation .09 Disposition of Earnings.LinkCopy Citation
A.
General. Inmates employed in the community under a work release or school release program shall surrender to the Institution their total earnings less payroll deductions required by law.
B.
The Institution shall deduct from these earnings, in the following order of priority, an amount determined to be the cost to the State of providing the following:
(1)
Food, lodging, and clothing for the inmate;
(2)
The actual and necessary food, travel, and other expenses of the inmate when released from actual confinement under the program;
(3)
The amount which the inmate may be legally obligated to pay for the support of the inmate's dependents; and
(4)
The amount ordered to be paid by the court as restitution.
C.
School release inmates receiving a stipend or other monies not subject to payroll deductions are not subject to room, board, clothing, and travel fees.
D.
Any balance remaining of the inmate's earnings after these deductions and payments shall be credited to the inmate's account and shall be paid to the inmate upon obtaining parole.
E.
An inmate shall use, on a weekly basis, adequate funds from a work release or school release account to defray the cost of transportation, meals, and sundries on a schedule approved by the Board of Review.
F.
Request for Additional Funds.
(1)
An inmate may request approval from the Board of Review to withdraw additional funds for personal needs from the inmate's work release or school release account.
(2)
An inmate shall be provided adequate funds from the inmate's work release or school release account to meet the inmate's needs, and to assure that the inmate will have the financial means to return to the Institution. The Board of Review shall indicate the specific amount to be provided.
Chapter 08. Parole
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Adjudicated Federal Detainer.
(a)
“Adjudicated federal detainer” means a detainer based on an offense for which the inmate has been tried, convicted, sentenced, and committed to the custody of the U.S. Attorney General.
(b)
“Adjudicated federal detainer” does not mean a detainer based on an untried indictment, information, or complaint, or a detainer of federal parole or federal probation.
(2)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(3)
“Medical parole” means a parole granted to an inmate because of a diagnosed serious medical condition.
(4)
“Parole” means a conditional release from the Institution, after a portion of the sentence has been served in confinement, to serve the balance of the sentence under supervision in the community. Parole is a privilege and not a right. Parole may be revoked in accordance with the procedures described in COMAR 12.12.12.03.
Regulation .02 General.LinkCopy Citation
A.
Parole may not be recommended unless approved by the affirmative vote of a quorum of the Board of Review, as defined in COMAR 12.12.06.05A.
B.
The Board of Review has the exclusive power to recommend an inmate for parole to the Secretary or the Governor.
C.
Date Crime Committed.
(1)
The required approval for parole status depends on the date that the crime for which an inmate is incarcerated was committed, and whether an inmate is serving a life or nonlife sentence.
(2)
Inmates Serving Life Sentences.
(a)
If an inmate's crime was committed on or before July 1, 1982, the inmate may be paroled by the approval of the Board of Review.
(b)
If an inmate's crime was committed after July 1, 1982 and on or before March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Governor.
(c)
If an inmate's crime was committed after March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Secretary and the Governor.
(3)
Inmates Serving Nonlife Sentences.
(a)
If the inmate's crime was committed on or before March 20, 1989, the inmate may be paroled by the approval of the Board of Review.
(b)
If an inmate's crime was committed after March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Secretary.
D.
Victim Comment, Victim Notification, and Police Notification.
(1)
The Board of Review shall give the inmate's victim a reasonable opportunity to comment in writing before the Board of Review decides whether to grant parole to the inmate.
(2)
The victim may designate, in writing to the Board of Review, the name and address of a representative, who is a resident of the State, to receive notice for the victim that the inmate will be considered for parole.
(3)
If the victim cannot be located, the judge holding jurisdiction over the inmate's sentence may be contacted for comment.
(4)
The Board of Review shall delete the victim's address and telephone number before examination of any document by the inmate or the inmate's representative.
(5)
The Board of Review shall notify the victim of its decision regarding parole.
(6)
The Board of Review shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed whenever an inmate has been released on parole.
E.
The Board of Review shall notify the inmate of its decision regarding placement on parole.
F.
The Board of Review has the power to revoke, extend, or modify an inmate's parole.
G.
The Board of Review has the authority to return the paroled inmate to the Institution if the paroled inmate's progress in the community is considered to pose a risk to public safety or pose a risk to the paroled inmate.
H.
The Board of Review may impose special conditions on paroled inmates.
Regulation .03 Length of Sentence and Time Served Criteria.LinkCopy Citation
A.
In considering an inmate for parole, if the inmate has been incarcerated for a crime committed after March 20, 1989, the Board of Review shall consider the length of the inmate's sentence and the amount of time served on the current term of imprisonment to date.
B.
An inmate incarcerated for a crime committed after March 20, 1989, who has been sentenced to life imprisonment for rape in the first degree, a sexual offense in the first degree, or murder in the first degree is not eligible for parole until the inmate has served 15 years of the sentence, or the equivalent of 15 years when considering allowances for diminution of the period of confinement provided for by law.
C.
An inmate incarcerated for a crime committed after March 20, 1989, who has been sentenced to life imprisonment under Criminal Law Article, §2-304, Annotated Code of Maryland, is not eligible for parole until the inmate has served 25 years of the sentence, or the equivalent of 25 years when considering allowances for diminution of the period of confinement provided for by law.
D.
An inmate incarcerated for a crime committed on or before March 20, 1989, is eligible for parole at any time. The Board of Review may consider the length of the inmate's sentence and the amount of time served on the sentence to date in considering whether to grant or recommend parole.
Regulation .04 Progress on Work Release or School Release.LinkCopy Citation
A.
In considering an inmate for parole, the Board of Review shall determine whether the inmate has performed successfully on work release or school release. Letters from employers, friends, family members, and others, which describe the inmate's adjustment on work release or school release, shall be permitted to go to the Board of Review for the purpose of parole consideration.
B.
In determining successful performance on work release or school release, the Board of Review shall consider an inmate's progress based upon the public safety criteria and progress-in-treatment criteria specified in COMAR 12.12.07.04 and .05.
C.
To make these determinations concerning parole, the Board of Review shall also consider:
(1)
Whether the inmate has successfully participated in a substance abuse program while on work release or school release, if appropriate;
(2)
Whether the inmate has continued to demonstrate emotional maturity and insight, as assessed through the reports and recommendations of Institution treatment and custody staff;
(3)
The inmate's ability and readiness to assume obligations and to undertake responsibilities to live in the community;
(4)
The inmate's community resources, and the stability of the family that will assist the inmate to return to the community;
(5)
The inmate's physical health; and
(6)
Any other factors or information which the Board of Review may find relevant to the inmate's consideration for parole.
Regulation .05 Medical Parole.LinkCopy Citation
A.
The criteria for medical parole consideration are that the:
(1)
Inmate is imminently terminal, or has a condition which would indicate that continued imprisonment would serve no useful purpose, for example, an irreversible coma; and
(2)
Inmate's release would not unduly jeopardize public safety.
B.
Contents of Medical Parole Request.
(1)
The Director shall ensure that all documents forming the basis for a medical parole request are submitted to the Board of Review. If a quorum of the Board of Review recommends the inmate for a medical parole, the recommendation shall be submitted to the Secretary for consideration when the inmate is serving a nonlife sentence, and to the Secretary and the Governor when the inmate is serving a life sentence.
(2)
To initiate consideration for a medical parole, the inmate's unit treatment team shall send a summary of the inmate's incarceration record since admission to the Director. The summary shall include the following:
(a)
History of program participation;
(b)
Special housing requirements;
(c)
Reasons for the recommendation;
(d)
An aftercare treatment plan for the inmate; and
(e)
A statement by the attending physician which includes:
(i)
Diagnosis,
(ii)
Prognosis,
(iii)
Inpatient or outpatient status, and
(iv)
Criteria justification.
(3)
The Board of Review may reject a recommendation for medical parole that has been submitted by the Director. The Board of Review's decision to deny a medical parole is final.
Regulation .06 Parole to Adjudicated Federal Detainer.LinkCopy Citation
An inmate with an adjudicated federal detainer shall be subject to the same procedures and criteria in being considered for parole to meet the detainer as an inmate who does not have an adjudicated federal detainer.
Regulation .07 Granting of Parole.LinkCopy Citation
A.
Before starting a parole program, the inmate shall sign an agreement that affirms the inmate's understanding of the regulations governing parole, as set forth in this regulation.
B.
The regulations outlined in COMAR 12.12.07.06F(1)--(10) shall also apply to parolees.
C.
The parolee shall make a reasonable effort to remain gainfully employed or otherwise occupied, as directed by the Board of Review.
D.
The parolee may not change his or her place of residence or employment without first having obtained the permission of the Board of Review.
E.
The inmate may not be released on parole until the order of parole is presented and acknowledged by the inmate's signature. An inmate shall be released on parole as soon as practical after a favorable decision, unless:
(1)
The Board of Review has specified a deferred release date;
(2)
The investigation of the community resources of the inmate to be paroled indicates that:
(a)
The parolee is likely to be unemployed upon release, or
(b)
The parolee is without a satisfactory home plan; or
(3)
The parole plan has not been approved by the Board of Review as specified in Regulation .08 of this chapter.
F.
The order of parole shall bear the signature or facsimile of the signature of a member of the Board of Review and the official seal of the Board of Review. Another member of the Board of Review shall attest the signature.
G.
The Board of Review may, for the safety and welfare of the inmate on parole and for the safety of the public, impose reasonable special conditions to be complied with before release on parole.
Regulation .08 Parole Release Plan.LinkCopy Citation
A.
A parole release plan shall be completed and submitted before the parole hearing.
B.
Elements in a release plan include, but are not limited to, the following:
(1)
The name of the parolee's employer or evidence of other legitimate means of financial support;
(2)
The location at which the parolee will reside; and
(3)
The nature of any community services necessary to meet the special needs of the parolee.
C.
Modification of Release Plan.
(1)
An inmate's parole release plan previously approved by the Board of Review may only be altered or changed by the Board of Review.
(2)
The Board of Review may, from time to time, and upon good cause, change or modify the conditions of an inmate's parole.
(3)
In case of modification, the parolee shall be given the opportunity to show cause why a condition should not be changed, added, or modified.
(4)
The parolee may request a hearing before the Board of Review to discuss the modification.
Regulation .09 Monitoring and Supervision of Parolees.LinkCopy Citation
A.
Each parolee shall be seen by an assigned parole supervisor or designee for parole supervision in accordance with the terms of parole established by the Board of Review. Every contact with a parolee shall be documented by the supervisor or the designee. Contact shall include both scheduled and unscheduled meetings, and meetings may take place in the field, home, place of employment, and any other place assigned.
B.
Schedule of Meetings.
(1)
The Board of Review shall establish a schedule of required supervisory meetings between parolees and their parole supervisors and shall make adherence to that schedule a written condition of parole.
(2)
First-year parolees shall meet with their parole supervisor a minimum of once each week.
(3)
Second-year parolees shall meet with their parole supervisor a minimum of once every 2 weeks.
(4)
Third-year parolees shall meet with their parole supervisor a minimum of once each month.
C.
Recommendations for a change in a parolee's supervision schedule shall be presented to the Board of Review for final approval.
D.
The parolee shall be seen at a Board-approved designated location in the State.
E.
The supervisor or designee shall prepare a written report of every scheduled or unscheduled contact with a parolee, including unkept appointments, and shall make that report a part of the parolee's official record.
F.
A parolee, when seen, shall present proof that the parolee is maintaining steady employment, attending substance abuse group meetings if appropriate, and living at a specified address. This information will be verified and documented.
G.
A parolee shall give a random urine specimen as required by the parolee's supervisor.
H.
A parolee shall discuss the problems or the progress that the parolee is having in the community and the types of relationships that the parolee may be establishing.
I.
A parolee may be subject to a search for contraband during the parolee's visit by the parole supervisor.
J.
Periodic job checks and home checks shall be made by the parole supervisor.
K.
A parolee functioning on Interstate Compact or paroled to meet a detainer shall be monitored at least yearly by a designated employee of the Institution.
L.
A parolee shall be employed or enrolled in school, and have a legitimate means of financial support. If unemployed or unemployable, the parolee shall have a legitimate means of financial support while on parole.
M.
When paroled, an inmate shall receive all current funds in the inmate's active and reserve accounts, which have been maintained at the Institution. If paroled from work release, the inmate shall receive 100 percent of their work release account upon being paroled, less the deductions specified in COMAR 12.12.07.09B.
N.
A parolee shall be counseled concerning the benefits of establishing savings accounts at financial institutions in the community.
O.
A parolee who needs financial assistance shall be referred to appropriate community agencies and assisted in the application processes of the community agencies by a parole supervisor.
Chapter 09. Major Violations and Penalties for Eligible Persons on Conditional Release
Regulation .01 Purpose.LinkCopy Citation
For the purpose of maintaining order, discipline, and security, the Institution establishes rules of behavior which it expects eligible persons to obey and sanctions that may be imposed for violation of these rules. The purpose of any sanction shall be to aid in the maintenance of order, discipline, and security within the Institution or within the community, to punish the offender, and to deter future misbehavior.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Conditional release” means any of the forms of release status, as defined in COMAR 12.12.01.03B(5).
(2)
“Disciplinary Committee” means the panel of three Institution staff members whose purpose is to conduct hearings and impose penalties for eligible persons who violate the Institution's rules. The panel is composed of one custody supervisor, one treatment staff member, and one member of the education department.
(3)
“Escape” means when an eligible person leaves the confines of the Institution by:
(a)
Breaching the Institution's security perimeter;
(b)
Failing to return from an authorized prerelease status, that is, work release, school release, or day or overnight leave;
(c)
Escaping from escort officers while outside the confines of the Institution; or
(d)
Absconding from parole supervision.
(4)
“Incident report” means a less severe disciplinary action that is disposed of informally. Incident reports are not appealable.
(5)
“Notice of infraction” means the official document that charges an eligible person with violating an Institution rule.
(6)
“Parole violator” means a paroled eligible person who has failed to comply with any of the conditions of his or her parole agreement, or who has committed a new offense while paroled.
Regulation .03 Specification of Major Violations.LinkCopy Citation
Major violations of Institution rules shall include:
A.
Escape from parole, work release, school release, or leave;
B.
Failure to return from parole, work release, school release, or leave within 1 hour of the time due, unless the failure to return was due to causes beyond the control of the eligible person;
C.
Commission of a new offense, other than a minor traffic violation, while on parole, work release, school release, or leave;
D.
Commission of a major violation of the Institution's disciplinary rules, which shall include:
(1)
Altering, destroying, or damaging any item valued at $50 or over,
(2)
Arson,
(3)
Attempting to commit any major violation,
(4)
Creating a disturbance,
(5)
Hoarding authorized medication,
(6)
Interfering with or obstructing a staff member from performing the staff member's duties,
(7)
Possession of a weapon,
(8)
Possession of implements reasonably expected to be used in an escape,
(9)
Refusing a direct order when the refusal jeopardizes the security or order of the Institution,
(10)
Rioting or inciting a riot,
(11)
Any sexual acts involving others, or directed towards others, within the Institution or the reentry facility,
(12)
Soliciting, conspiring, being an accessory to, or aiding and abetting the commission of a major violation,
(13)
Soliciting or attempting to influence an employee to jeopardize the security of the Institution,
(14)
Tampering with or misusing any communication system in such a way as to jeopardize the security of the Institution,
(15)
Throwing excrement,
(16)
Unauthorized possession, sale, use, passing, or receiving of drugs, controlled dangerous substances, alcohol, or drug paraphernalia,
(17)
Assault or battery, or both, on an inmate, staff member, correctional officer, visitor, or any other person,
(18)
Threatening another inmate, staff member, correctional officer, visitor, or any other person, or
(19)
Unauthorized physical contact with another inmate, staff member, correctional officer, or visitor;
E.
Violation of any parole, work release, school release, or leave rule not categorized as a minor violation under the regulations of the Institution; and
F.
Use of any controlled dangerous substance if the eligible person is not entitled to use the controlled dangerous substance under the laws of this State.
Regulation .04 Disciplinary Procedures Pertaining to Major Violations.LinkCopy Citation
A.
The Director shall ensure that major violations are disposed of formally, in accordance with established procedures concerning:
(1)
The status of the alleged violator pending formal disposition, that is, the determination of the need for temporary segregation from the general population;
(2)
The timely serving of the notice of infraction to the alleged violator;
(3)
Notice to the alleged violator that he or she has the right to representation by a staff member, or an eligible person, who volunteers to represent the alleged violator; and
(4)
Notice to the alleged violator that he or she has the right to call witnesses on his or her behalf.
B.
Within 24 hours of the alleged major violation, the Warden shall review the circumstances of the alleged violation and approve or disapprove the decision to place the alleged violator on temporary segregation, and:
(1)
Forward the notice of infraction to the Disciplinary Committee for a hearing;
(2)
Reduce the notice of infraction to an incident report, notify the eligible person and reporting staff member in writing of the action taken, and if the eligible person does not consent to have the notice of infraction reduced to an incident report, the matter shall proceed to a hearing pursuant to §B(3) of this regulation; or
(3)
Return the notice of infraction to the reporting staff member for correction of inaccuracies or inadequacies, clarification of statements, or substantiation of charges, if these deficiencies are noted, and forward the revised notice of infraction to the Disciplinary Committee for a hearing.
C.
The Director shall ensure that all Disciplinary Committee hearings are conducted in accordance with established procedures concerning:
(1)
The timeliness of the hearing;
(2)
The alleged violator's right to appear before the Disciplinary Committee for a hearing;
(3)
The alleged violator's right to waive the right to appear at the hearing;
(4)
The Disciplinary Committee's right to conduct a hearing in absentia and render a decision, upon receipt of the alleged violator's waiver of the right to appear or documented refusal to appear;
(5)
The right of the alleged violator to be advised of the charge or charges against him or her;
(6)
The right of the alleged violator to enter a plea;
(7)
The right of the alleged violator to cross-examine each witness;
(8)
The right of the alleged violator to testify on his or her own behalf;
(9)
The right of the alleged violator not to testify on his or her own behalf, without inference of guilt;
(10)
The right to be represented by a staff member or an eligible person who volunteers to represent the alleged violator;
(11)
The right of the alleged violator to present the testimony of his or her witnesses, provided that the chairman of the Disciplinary Committee determines that the witnesses' testimony may be relevant;
(12)
The right of the alleged violator or his or her representative to examine any real evidence, at the discretion of the chairman, provided it would not endanger the security of the Institution;
(13)
The right of the alleged violator to request a postponement of the proceedings;
(14)
The right of the alleged violator to be informed of the Disciplinary Committee's factual findings, the disposition, and the reasons for the decision, and to receive a copy of the findings and disposition; and
(15)
The right of the violator to appeal the decision of the Disciplinary Committee to the Director within 48 hours.
D.
All proceedings before the Disciplinary Committee shall be recorded on audio recording tape and stored by the Institution for a period of 1 year from the date of the disciplinary hearing, unless the Institution has received notice of an appeal of the disciplinary result to the Inmate Grievance Commission or notice of a pending action in a court of law. If notice has been received, the tape shall be preserved pending a final decision in the forum or forums in which action is pending.
Regulation .05 Authority of the Disciplinary Committee.LinkCopy Citation
A.
An eligible person is entitled to a hearing by the Disciplinary Committee if the eligible person has been charged with an Institution violation and fails to consent to the notice of infraction being reduced to an incident report.
B.
If a Disciplinary Committee hearing results in a finding of guilt, the Committee may impose penalties on the eligible person as it deems appropriate under the circumstances, with the exception of the removal of the eligible person from the Institution.
Regulation .06 Removal from the Institution.LinkCopy Citation
A.
The Board of Review will review all eligible persons with conditional release status who have been found guilty of charges heard by the Disciplinary Committee.
B.
Except as provided in §C of this regulation, an eligible person incarcerated for a crime committed:
(1)
On or before March 20, 1989, who commits a major violation while on parole, work release, school release, or leave shall be confined to the Institution and shall be ineligible for work release, school release, or leave for a period of 6 months;
(2)
After March 20, 1989, who commits a major violation while on parole, work release, school release, or leave shall be confined to the Institution and shall be ineligible for parole, work release, school release, or leave for a period of 6 months.
C.
If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing an eligible person from the Institution, the eligible person may be removed from the Institution and returned to the Division to serve the remainder of his or her original sentence.
D.
If an eligible person commits a second major violation while on parole, work release, school release, or leave, the person shall be removed from the Institution and returned to the Division to serve the remainder of his or her original sentence.
Chapter 10. Escape Procedures and Notification of Escape from the Institution
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Escape” means when an eligible person leaves the confines of the Institution by:
(a)
Breaching the Institution's security perimeter;
(b)
Failing to return from an authorized prerelease status, that is, work release, school release, or day or overnight leave;
(c)
Escaping from escort officers while outside the confines of the Institution; or
(d)
Absconding from parole supervision.
(2)
“FBI” means the Federal Bureau of Investigation.
(3)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(4)
“Jessup Regional Emergency Warning System” means the mechanism through which the Jessup community and Jessup area correctional facilities are notified of escapes, the apprehension of escapees, and mass disturbances that have occurred in Jessup area correctional facilities. This mechanism includes a siren alarm, and a recorded telephone message concerning the incident. The telephone number through which the public may access the recorded message is 410-799-1136.
Regulation .02 Notification of Escapes from the Institution.LinkCopy Citation
A.
The Institution recognizes that secure confinement and sound security are the primary responsibilities of the Institution.
B.
If an inmate escapes from the custody of the Institution or the reentry facility, the Director or officer in charge of the Institution at the time of the escape shall ensure that the following notifications are made upon receiving information of an escape:
(1)
Baltimore City Police Department, Central District;
(2)
Baltimore City Police Department, Fugitive Squad;
(3)
Baltimore City Jail;
(4)
Baltimore County Police Department, Major Case Squad;
(5)
Baltimore County Police Department, Investigative Division;
(6)
Baltimore County Police Department, Headquarters;
(7)
FBI, Fugitive Squad;
(8)
Maryland State Police, Waterloo Barracks;
(9)
Maryland State Police, Criminal Justice Information Systems/Central Repository;
(10)
Howard County Police Department;
(11)
Anne Arundel County Police Department; and
(12)
Division of Correction Investigative Unit.
C.
In the event of an escape, the apprehension of an escapee, or a mass disturbance in the Institution, the Institution shall activate the Jessup Regional Emergency Warning System without delay.
D.
The Institution shall notify the Investigation Unit of the Department if an inmate escapes, or attempts to escape, and it is suspected that an Institution employee or volunteer is involved in the escape or attempted escape through:
(1)
The commission of a criminal offense;
(2)
Neglect of duty; or
(3)
Violation of another Institution regulation that is applicable.
E.
If an inmate escapes while under escort and away from the Institution, the Director shall ensure that the local police jurisdiction or precinct where the escape occurred is notified.
F.
If an Institution escapee has a detainer for a sentence, concurrent or consecutive, and whether operative or not, the Director shall ensure that the jurisdiction which filed the detainer is notified of the escape within 24 hours of the escape. The Director shall ensure that the Institution sends a copy of the inmate escape work sheet, which references the detainer, to the concerned jurisdiction by transmittal letter.
G.
The Director shall ensure that a copy of the inmate escape work sheet is placed in the inmate's base file and commitment file.
H.
The Director shall ensure that the Office of the Secretary is notified in accordance with established procedures for reporting a serious incident.
I.
In accordance with the provisions of Criminal Procedure Article, §11-1002, Annotated Code of Maryland, the Director shall ensure that the inmate's victim is notified, if the victim has filed a written request to be informed in the event that the inmate escapes.
J.
The Director shall ensure that a telephone notification of an escape to the agencies listed in §B of this regulation is followed by written confirmation and an escape retake warrant.
Regulation .03 Escape Retake Warrant Procedures.LinkCopy Citation
A.
When it has been confirmed that an inmate has escaped, the Director shall ensure that an escape retake warrant is issued. The Director shall ensure that the original warrant is mailed, using first class mail, and that a copy of the warrant is hand delivered, to the Maryland State Police, Waterloo Barracks.
B.
The Director shall ensure that the following documents accompany the original escape warrant to the Maryland State Police Headquarters, Warrant Unit:
(1)
Original copy of waiver of extradition;
(2)
Copy of inmate escape work sheet; and
(3)
Other documents as requested by the Maryland State Police.
C.
If the mailing of the original escape retake warrant is delayed for more than 24 hours, the Director shall ensure that the documents listed in §B of this regulation are mailed to the Maryland State Police Headquarters, Warrant Unit.
D.
The following persons are authorized to issue an escape retake warrant:
(1)
Director;
(2)
Warden;
(3)
Assistant Warden; and
(4)
Institution shift commander.
E.
Retake Warrant Control Log.
(1)
The Director shall establish procedures to maintain a control log, which shall include each escape retake warrant issued by the Institution.
(2)
The control log shall include the following information:
(a)
Escape retake warrant number;
(b)
Date and time of issuance;
(c)
Name and title of the authorized issuer;
(d)
Name and Institution commitment number of the escapee;
(e)
Date of the escape; and
(f)
Date the escape retake warrant was mailed to the Maryland State Police Headquarters.
(3)
The Director shall ensure that all retake warrant numbers are accounted for within the control log.
(4)
The Director shall ensure that the control log is accessible to appropriate staff in the event of a police inquiry.
F.
The Director shall ensure that the Institution is specified as the point of return, and that the Institution's telephone number is listed, on each escape retake warrant issued.
G.
The Director shall ensure that copies of the escape retake warrant are distributed as follows:
(1)
Inmate base file;
(2)
Inmate commitment file; and
(3)
Office of the State's Attorney for the jurisdiction from which the escape occurred.
Regulation .04 Return of an Escapee to the Institution.LinkCopy Citation
A.
The Director shall coordinate the return of an escapee from another state with the Maryland State Police.
B.
An inmate who escapes from the reentry facility shall be returned to the Institution upon apprehension.
C.
The Director shall ensure that the appropriate Institution adjustment action is taken against an inmate upon an inmate's return from escape.
D.
When an escapee is returned to the custody of the Institution, the Director shall ensure that a letter notifying the Maryland State Police of the inmate's return is prepared, with copies provided to the agencies listed in Regulation .02B of this chapter.
E.
The notification of return from escape may be completed on a monthly basis. The Director shall ensure that the notification of return from escape includes the following:
(1)
Name of the returned escapee;
(2)
Institution commitment number;
(3)
Date of the escaped inmate's return to the custody of the Institution; and
(4)
Escape retake warrant number.
F.
The Director shall ensure that the inmate's victim is notified of the inmate's return to custody from escape, if the victim has filed a written request to be informed in the event that the inmate escapes.
G.
The Director shall ensure that appropriate information is prepared for the State's Attorney's Office, regarding an inmate's return from escape, and forwarded by cover letter to the State's Attorney. The Director shall ensure that procedures are established to ensure that a copy of the letter sent to the State's Attorney is also sent to the Office of the Secretary.
H.
The Director shall ensure that a copy of a cancelled escape retake warrant is placed in the inmate's commitment file.
Chapter 11. Safety
Regulation .01 Purpose.LinkCopy Citation
The purpose of this chapter is to establish a requirement for development of fire safety plans and a vehicle safety program for the Institution, including State Use Industries.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Evacuation” means to move inmates and staff from a threatened area of fire or hazard of fire.
(2)
“Fire plan” means the plan of evacuation, security, first aid, and firefighting for the institution.
(3)
“Fire safety” means policy and procedure which ensures the Institution's safety from fire hazards.
(4)
“Fleet safety coordinator” means a person who is the assigned representative in each motor vehicle safety activity.
(5)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(6)
“Motor vehicle” means a device which transports a person or property.
(7)
“State vehicle” means a motor vehicle titled or leased to the State.
(8)
“Support agency” means:
(a)
A utility company;
(b)
An emergency medical service;
(c)
A law enforcement agency;
(d)
The Division of Correction;
(e)
Another agency which may assist the Institution in case of fire; or
(f)
An organization, business, or firm involved by a grant or contract.
Regulation .03 Fire Plan Elements.LinkCopy Citation
A.
The Director shall ensure that the Warden develops procedures to establish a fire plan in conjunction with the Fire Marshal of the locality.
B.
The Director shall ensure that the Warden appoints a fire safety officer who has completed a qualified fire safety program.
C.
The Director shall ensure that the fire plan includes the following elements:
(1)
Inspection by the fire safety officer of the Institution on a monthly basis with required documentation sent to the Warden;
(2)
Annual review and revision as needed;
(3)
Availability of the plan to staff;
(4)
Posting of the fire plan in designated areas;
(5)
Establishment of teams to conduct firefighting, evacuation, security, and first aid;
(6)
Fire stations for individual extinguishers;
(7)
Teams for each extinguishing device;
(8)
Conduct of quarterly fire drills which meet the following criteria:
(a)
Under varying conditions,
(b)
On a staggered basis,
(c)
On random days,
(d)
At random times, and
(e)
On all shifts;
(9)
Evacuation procedures associated with the conduct of a fire drill which considers security requirements and public safety;
(10)
Establishment of an ongoing relationship with the local fire department to ensure:
(a)
Understanding of community emergency service capabilities by Institution administration and staff, and
(b)
Ongoing communication and coordination;
(11)
Provision for good housekeeping standards within the Institution;
(12)
Requirement for constant vigilance by staff to detect and eliminate fire hazards;
(13)
Development of a master list of each Institution fire extinguisher which includes the following provisions:
(a)
Monitoring extinguisher charge levels,
(b)
Recharging or filling of an extinguisher, and
(c)
Replacement of an extinguisher which is being repaired with a fully charged, operational extinguisher;
(14)
Testing of each alarm system by the fire safety officer on a quarterly basis with requirement for maintenance of appropriate documentation;
(15)
Immediate notification of any fire of significance to the Office of the Secretary and when the fire department is summoned to the Institution, the Warden shall ensure that Office of the Secretary personnel are notified in the following manner:
(a)
The Assistant Secretary during normal business hours, or
(b)
The Department Public Information Officer during hours other than those set for normal business;
(16)
Establishment of a contingency plan, coordinated with all participants, for transferring inmates to alternate facilities under emergency conditions;
(17)
Mandatory training requirements for each employee to ensure understanding of the fire safety plan; and
(18)
Establishment of a list of support agencies which will be reviewed and updated annually.
D.
The Director shall ensure that each employee acknowledges awareness of the Institution fire plan for the employee's place of employment.
E.
The Director shall ensure that when a fire or other emergency occurs within the Institution and the estimate of damage exceeds $1,000, the Warden submits a written report to the Office of the Secretary and the Maryland State Treasurer, Insurance Division, within 5 working days.
F.
The Director shall reasonably ensure that each inmate is made aware of the Institution's fire response plan for inmates.
Regulation .04 Conduct of Fire Drills.LinkCopy Citation
A.
When a fire drill is conducted, the Director shall ensure that the entire inmate population is not evacuated at one time. Sections of the Institution may be evacuated to other sections of the Institution.
B.
The Warden may simulate fire drill evacuations under conditions in which evacuation would not jeopardize Institution safety and control.
Regulation .05 Vehicle Safety and Preventive Maintenance.LinkCopy Citation
A.
The Director shall ensure that procedures for establishment of a vehicle safety program are based on requirements contained in the following:
(1)
Maryland State Vehicle Fleet Policies and Procedures as published by the Department of Budget and Fiscal Planning; and
(2)
The Governor's State Fleet Safety Committee Handbook.
B.
The Director shall ensure that a fleet safety coordinator is designated for the Institution. The Director shall ensure that the fleet safety coordinator implements requirements included within the Governor's State Fleet Safety Committee Handbook.
C.
The Director shall ensure that the Warden establishes a preventive maintenance program for each vehicle.
Regulation .06 Emergency Preparedness Program.LinkCopy Citation
A.
The Director shall develop and implement an emergency preparedness program for major emergencies which may affect the safety and security of the Institution. The program shall include procedures for the following:
(1)
Establishment of command responsibility;
(2)
Isolation, containment, and control of the emergency situation; and
(3)
Reestablishment of normal operational order following resolution of the emergency situation.
B.
An emergency preparedness program shall ensure the personal safety for each of the following:
(1)
Visitors;
(2)
Civilian and security staff; and
(3)
Inmates.
C.
The Director shall ensure that the occurrence of a major emergency included within the emergency preparedness plan is documented in accordance with Institution regulations.
D.
The Director shall ensure that the emergency preparedness program plan is coordinated with, and communicated to, allied agencies which may be called upon for assistance during Institution emergency conditions.
E.
The Director shall ensure that Institution staff receive training on the emergency preparedness program plan.
Regulation .07 Inmate Transportation and Escort Procedures.LinkCopy Citation
A.
When a group of inmates is being transported, and one or more of the inmates in the group is not on conditional release status, the Warden shall ensure that the shift commander:
(1)
Transports the inmates in a secured vehicle;
(2)
Determines the number of correctional officers assigned to escort duty and authorizes the appropriate weapons to be carried;
(3)
Restrains the inmates in accordance with Institution directives; and
(4)
Assigns to escort duty at least one correctional officer of the same sex as the inmates being transported.
B.
When transporting a group of inmates that includes only inmates on conditional release status, the shift commander may transport the inmates without restraints, using on-duty staff other than correctional officers.
C.
The Warden shall ensure that a correctional officer assigned to escort duty:
(1)
Is qualified in the use of firearms, trained and experienced in transporting inmates, familiar with good security practices, and possesses an appropriate vehicle operator's permit;
(2)
Provides supervision to a probationary correctional officer who is assigned to escort duty;
(3)
Obtains from the Institution control center an escort identification card for an inmate to be transported, and returns the card to the Institution control center when the inmate is returned to the Institution;
(4)
Ensures that restraint devices remain on an inmate while in a courtroom unless the presiding judge or magistrate orders otherwise;
(5)
Obtains a written receipt for an inmate who is left in the custody of a law enforcement or other authorized agency; and
(6)
While escorting an inmate being treated at or admitted to an outside medical facility:
(a)
Notifies medical facility security personnel when an inmate arrives at a medical facility,
(b)
Ensures that restraint devices remain on an inmate while in a medical facility, unless a health care provider, due to medical circumstances, directs otherwise,
(c)
Maintains an inmate in view at all times, unless an inmate's medical treatment makes this impossible, in which case the officer shall assume a position as close to the inmate as possible,
(d)
Ensures that an inmate only receives items which have been approved by the Institution or medical facility staff,
(e)
Ensures that an inmate is allowed to make a telephone call only when the Warden or designee has granted specific written permission,
(f)
Ensures that a visit an inmate receives is in accordance with COMAR 12.12.18, Institution directives, and medical facility policies concerning clinical and security issues, and
(g)
Ensures that an inmate is allowed only in an authorized area of a medical facility.
Chapter 12. Revocation of Status
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
Regulation .02 Revocation of Leave, Work Release, or School Release.LinkCopy Citation
A.
General.
(1)
At any time after approval of leave, work release, or school release has been granted, it may be suspended or revoked for any reason by the Board of Review.
(2)
The Board of Review shall issue a warrant for the return to custody of an inmate who has escaped from leave, work release, or school release.
(3)
The Board of Review shall conduct a hearing in compliance with the procedures specified in these regulations to determine the facts of the case. The hearing shall be held at the Board of Review's next regularly scheduled meeting. The inmate shall be given written notice of the hearing a minimum of 1 week in advance. The written notice shall advise the inmate of the allegations against the inmate.
(4)
After the hearing, the Board of Review shall render a decision consistent with these regulations.
(5)
Inmates suspended or revoked from leave, work release, or school release shall be granted all credit toward the diminution of their sentences as deemed appropriate by the Board of Review.
B.
Any person may present information and evidence establishing reasonable suspicion that a prerelease status inmate has committed a major violation of that inmate's conditions for status. Based on the establishment of a reasonable suspicion, the inmate shall be confined to the Institution and appear before the Board of Review for a status hearing. The hearing shall be held and the inmate given notice as described in §A(3) of this regulation.
C.
If the evidence presented to the Board of Review substantiates that a major violation was committed by the prerelease status inmate, the inmate shall be confined to the Institution and shall be ineligible for work release, school release, or leave status for a minimum of 6 months.
D.
If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing a prerelease status inmate from the Institution, the inmate shall be removed from the Institution and returned to the Division to serve the remainder of the original sentence.
E.
If a prerelease status inmate commits a second major violation while on work release, school release, or leave, the inmate shall be removed from the Institution and returned to the Division to serve the remainder of the original sentence.
Regulation .03 Parole Revocation.LinkCopy Citation
A.
Warrants. It shall be the duty of the reentry facility supervising staff member to make application to the Warden for a warrant of parole violation, in every case when there is reasonable suspicion to believe that the paroled inmate is a violator.
B.
Preliminary Hearings.
(1)
An alleged parole violator shall receive a preliminary hearing before a hearing examiner upon return to the Institution. The purpose of the preliminary hearing is to determine whether probable cause exists to believe that the paroled inmate violated parole and to determine the disposition of the paroled inmate pending a formal parole revocation hearing before the Board of Review.
(2)
An alleged parole violator shall have the following rights at a preliminary parole revocation hearing:
(a)
The right to call witnesses on the paroled inmate's behalf;
(b)
The right to present documentary evidence on the paroled inmate's behalf;
(c)
The right to question adverse witnesses;
(d)
The right to remain silent regarding any untried criminal charge; and
(e)
The right to request a postponement of the preliminary hearing for good cause.
(3)
The impartial hearing examiner shall be an employee of the Institution who has not been involved with the supervision of the alleged parole violator.
(4)
Findings.
(a)
If the hearing examiner finds no probable cause to believe that the alleged parole violator violated the parole agreement, the hearing examiner shall order that the paroled inmate be released on parole status.
(b)
If the hearing examiner finds that probable cause does exist to believe that the alleged parole violator violated parole, the paroled inmate shall be confined to the Institution pending a formal parole revocation hearing before the Board of Review.
C.
Revocation Hearings.
(1)
A quorum of the Board of Review, as defined in COMAR 12.12.06.05A, is authorized to conduct these hearings.
(2)
Scheduling.
(a)
A parole revocation hearing shall be held within 90 days of the conclusion of the preliminary hearing.
(b)
The Board of Review may, for good cause shown, postpone a parole revocation hearing.
(3)
A paroled inmate is entitled to counsel of his or her choice.
(4)
The parole supervisor shall be present at the hearing to report on the activities of the paroled inmate and the circumstances of the alleged violation.
(5)
A paroled inmate shall have the same rights as listed in §B(2) of this regulation, and shall be given written notice of the hearing a minimum of 1 week in advance. The written notice shall advise the paroled inmate of the facts and circumstances constituting the alleged violation or violations.
(6)
Burden of Proof.
(a)
The Board of Review shall assure that all decisions are based upon a preponderance of the evidence.
(b)
The Institution shall bear the burden of proof.
(7)
Findings.
(a)
The Board of Review shall provide an inmate with a written statement of the evidence relied on and the reasons for revoking or not revoking parole.
(b)
If the Board of Review finds that no violation occurred, the paroled inmate shall be returned to parole status.
(c)
If the Board of Review finds that a violation has in fact occurred, the Board of Review may take whatever action it considers appropriate consistent with Correctional Services Article, Title 4, Subtitle 3, Annotated Code of Maryland, and COMAR 12.12.09.06.
(8)
All parole revocation hearings shall be recorded.
Regulation .04 Revocation of Eligible Person Status.LinkCopy Citation
A.
Under the authority of Correctional Services Article, Title 4, Subtitle 3, Annotated Code of Maryland, the Board of Review is empowered to revoke an inmate's eligible person status upon finding that the inmate no longer meets the criteria outlined in Correctional Services Article, §4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05.
B.
Revocation Procedure.
(1)
The revocation procedure shall be as described in this section.
(2)
The treatment unit shall state their reasons for recommending that the inmate's eligible person status be revoked. The treatment unit's report shall confirm that the inmate no longer responds favorably to the programs and services provided at the Institution and the reason that the inmate can no longer be better habilitated through these programs and services than by other incarceration.
(3)
Procedures delineated in COMAR 12.12.04.02A, concerning voluntary transfers, apply to revocation of eligible person status.
Chapter 13. Mandatory Supervision and Release Upon Expiration of Sentence
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(2)
“Mandatory supervision” means the release of an inmate from the Institution to the supervision of the Division of Parole and Probation, on the date that the inmate has served the equivalent of his or her full sentence minus allowances for diminution of the period of confinement or sentence provided for by law.
(3)
Maximum Expiration Date.
(a)
“Maximum expiration date” means the date computed by adding an inmate's total sentence length to the beginning date of the first sentence with the earliest start date which is part of the inmate's then current term of confinement.
(b)
“Maximum expiration date” includes adjustments for time out of custody without credit.
(4)
“Release by expiration of sentence” means the release of an inmate:
(a)
Whose only sentences are for offenses committed before July 1, 1970, and who has served the term or terms of confinement to which the inmate was sentenced less the diminution of confinement deductions provided for in Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland; or
(b)
Who has actually served the day for day maximum term or terms of confinement to which the inmate was sentenced.
(5)
“Total sentence length” means the period covered by the inmate's then current term of confinement excluding time out of custody without credit. If the inmate is serving a:
(a)
Single sentence, it is the period of confinement under that sentence;
(b)
Combination of concurrent sentences, it is the period of confinement between the earliest starting date of those sentences and the latest expiration date of those sentences;
(c)
Combination of consecutive sentences, it is the period of confinement between the starting date of the first consecutive sentence and the expiration date of the last consecutive sentence; or
(d)
Combination of concurrent and consecutive sentences, it is the period of confinement between the earliest starting date of the sentences and the last expiration date of the sentences.
Regulation .02 General.LinkCopy Citation
An inmate shall be released and transferred from the Institution in accordance with normal procedures established by law.
Regulation .03 Diminution of Confinement.LinkCopy Citation
A.
Each inmate admitted to the Institution is entitled to a diminution of the period of commitment or total sentence length, up to a maximum allowable deduction of 15 days per calendar month, in accordance with the provisions of this regulation.
B.
An inmate shall be allowed an initial deduction from the period of commitment or sentence, subject to the inmate's future good conduct. This deduction shall be calculated at the rate of 5 days for each calendar month, and on a prorated basis for any portion of a calendar month, within the period between the first day of commitment to the custody of the Commissioner and the inmate's maximum expiration date.
C.
For each calendar month during which an inmate has manifested exceptional industry, application, and skill in the performance of industrial, agricultural, or administrative tasks assigned to the inmate, the inmate may be allowed an additional deduction of 5 days from the period of the commitment or sentence. These deductions shall commence on the first day that the task is performed and shall be made on a prorated basis for any portion of a calendar month during which the inmate performed the task.
D.
For each calendar month during which an inmate has manifested satisfactory industry, application, and progress in vocational or other educational and training courses, the inmate may be allowed an additional deduction of 5 days from the period of the commitment or sentence. These deductions shall commence on the first day that the inmate participates in these courses and shall be made on a prorated basis for any portion of a calendar month during which the inmate participated in the course.
E.
Projects and Programs.
(1)
For each calendar month, or any portion of a calendar month, commencing on the first day of assignment, during which the inmate has manifested satisfactory industry, application, and progress in special selected work projects, or other special programs, the inmate may be allowed an additional deduction of days, not exceeding 5 in number, from the period of the commitment or sentence.
(2)
The Director, with the approval of the Secretary and based on the Institution's current policy and procedure, may establish a list of projects and programs that qualify for special projects credit.
(3)
Diminution credits may be awarded for projects or programs under §E(2) of this regulation which include, but need not be limited to the following:
(a)
Prison industry assignments;
(b)
Education programs;
(c)
Work details;
(d)
Work release employment; or
(e)
Rehabilitation programs including, but not limited to, programs addressing:
(i)
Substance abuse; or
(ii)
Criminal behavior.
F.
The maximum allowable deduction under the combined operation of §§C and D in any calendar month is 5 days.
G.
For any major violation of the Institution's rules a portion or all of the deductions allowed under §§B and E may be revoked. The Institution may restore any portion of the deductions revoked.
H.
If an inmate is released under mandatory supervision on sentences for offenses occurring on or after July 1, 1989, and the mandatory supervision is later revoked, the inmate may not earn any new diminution of confinement credits as otherwise provided for under Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.
Regulation .04 Restoration of Revoked Diminution Credit.LinkCopy Citation
A.
Good conduct credit, as described in Regulation .03B of this chapter, and special projects credit, as described in Regulation .03E of this chapter, may be restored by the Director if it has been revoked. The Director may consider restoring revoked diminution credit upon receiving the recommendation for restoration, and supporting documentation described in §J of this regulation, from the inmate's unit treatment team chairman.
B.
A unit treatment team chairman may recommend restoration of revoked diminution credit for an inmate who:
(1)
Has been infraction free for the preceding 6 months;
(2)
Is not serving a disciplinary segregation sentence; and
(3)
Has not been released from disciplinary segregation within the preceding 6 months.
C.
A unit treatment team chairman has complete discretion to recommend restoration of revoked diminution credit, and an inmate who meets the criteria in §B of this regulation has no expectation of approval for restoration.
D.
The Director shall ensure that the amount of diminution credit restored does not exceed 50 percent of the total amount that has been revoked, if the inmate has been convicted of an infraction within the past 12 months.
E.
The Director shall ensure that a decision to restore revoked diminution credit is based upon all aspects of the inmate's behavior and Institution adjustment after revocation.
F.
The Director's responsibility under this regulation may not be delegated.
G.
The Director shall ensure that by the tenth day of each month, the records supervisor forwards to each unit treatment team chairman a list of inmates from their unit who, if the maximum possible amount of the revoked diminution credit for which the inmate is eligible were restored, would reach mandatory supervision or maximum expiration dates within 90 days. The records supervisor shall ensure that the list includes the inmate's name, Institution number, and total number of diminution credits revoked.
H.
The records supervisor shall forward a copy of each list to the Director and the Warden.
I.
Eligibility for Restoration.
(1)
Within 5 working days of the receipt of the information specified in §G of this regulation, the unit treatment team chairman shall determine an inmate's eligibility for restoration of revoked diminution credits.
(2)
If an inmate is ineligible for restoration, the unit treatment team chairman shall document the reason or reasons on the progress sheet in the inmate's base file.
(3)
If the inmate is eligible for restoration, the unit treatment team chairman shall prepare the supporting documentation described in §J of this regulation for submission to the Director.
J.
A unit treatment team chairman considering an inmate for restoration of revoked diminution credits shall:
(1)
Affirmatively establish whether the inmate meets the eligibility requirements of this regulation;
(2)
Recommend that restoration of revoked diminution credits be approved or disapproved;
(3)
Specify the number of days to be restored in any recommendation for restoration;
(4)
Notify the inmate of the recommendation; and
(5)
Document the rationale for the recommendation.
K.
The Director's decision to disapprove a unit treatment team chairman's recommendation for restoration is final.
L.
If the Director approves the restoration of credit, the unit treatment team chairman shall forward a copy of the Director's approval to the records supervisor.
M.
The records supervisor shall deduct the restored credit from the mandatory supervision release date on the inmate's diminution of confinement record.
Regulation .05 Notification for Mandatory Supervision.LinkCopy Citation
A.
The Inmate Records Supervisor shall notify the Division of Parole and Probation of any inmates to be placed on mandatory supervision at least 1 week before the scheduled release date. Notification shall also be sent to the inmate, the Parole Commission, the Parole and Probation reporting office, the victim if the victim has filed a written request to be informed, the inmate's base file, and the inmate's commitment jacket.
B.
The inmate placed on mandatory supervision shall be subject to all laws, rules, regulations, and conditions applicable to parolees and shall remain under the supervision of the Division of Parole and Probation until the expiration of the maximum term or terms for which the inmate was sentenced.
C.
This regulation does not prevent delivery of inmates to any state or federal authority otherwise entitled to their custody by detainer.
Regulation .06 Notification for Inmates Released Upon Expiration of Sentence.LinkCopy Citation
A.
The Director shall ensure that the inmate records supervisor provides notification of an inmate released by expiration of sentence to the:
(1)
Inmate;
(2)
Victim, if the victim has filed a written request to be informed;
(3)
Inmate base file; and
(4)
Inmate commitment jacket.
B.
This regulation does not prevent delivery of an inmate to another state or federal authority otherwise entitled to the authority's custody by detainer.
C.
An inmate released as a result of expiration of sentence is not within the supervision of the Maryland Parole Commission and is not required to:
(1)
Sign a mandatory supervision release certificate; or
(2)
Report to a parole and probation intake unit for processing and supervision.
D.
If an inmate is to be released through expiration of sentence, the Director shall notify the Commissioner 30 days before the inmate's release.
Chapter 14. Citizens Advisory Board
Regulation .01 General.LinkCopy Citation
The Governor shall appoint a Citizens Advisory Board, based on recommendations of the Secretary, to advise the Director and the Secretary with respect to the operation and programs of the Institution.
Chapter 15. Annual Report
Regulation .01 Purpose and Content.LinkCopy Citation
The purpose of the annual report is to transmit the following information to the Secretary and to the Governor:
A.
The information described in Correctional Services Article, §4-203, Annotated Code of Maryland, which includes expenses, receipts, disbursements, condition and progress of the Institution, number of prisoners, their age, sex, color, place of birth, place of conviction, offense, term of confinement, escapes, pardons, and discharges, accompanied by such remarks and suggestions as may be necessary to the advancement of the interests of the Institution;
B.
The information described in Correctional Services Article, §4-203, Annotated Code of Maryland, which includes:
(1)
The total number of eligible and noneligible persons evaluated at the Institution,
(2)
The decisions of the Board of Review to grant leave to eligible persons,
(3)
The total number of rearrests, reconvictions, reincarcerations, and parole violations of persons formerly incarcerated at the Institution,
(4)
The total number of eligible persons incarcerated at the Institution who are returned to the Division for major violations of the Institution's disciplinary rules, and the type of major violation, and
(5)
Information on education programs and community reentry activities.
Regulation .02 Submission.LinkCopy Citation
The Director is responsible for completing the annual report. The Director shall submit the annual report to the Secretary and to the Governor by the end of October of each year.
Chapter 16. Reentry Facility
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Contraband” means an item as defined in Criminal Law Article, §9-410(c), Annotated Code of Maryland.
(2)
“Reentry facility” means a community-based facility or any other facility operated by the Institution for eligible persons on work release, school release, or parole from the Institution.
Regulation .02 Visitors to the Reentry Facility.LinkCopy Citation
A.
Visitors to the reentry facility shall conform to the facility's rules pertaining to searches and property checks for contraband.
B.
If the visit is denied and the visitor refuses to leave the reentry facility, the police of the jurisdiction in which the facility is located shall be notified and the visitor shall be treated as a trespasser in accordance with Criminal Law Article, §6-409, Annotated Code of Maryland.
Chapter 17. Special Activities
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Citizen participant” means a person who provides a service on an irregular and infrequent basis, not exceeding 6 visits per year.
(2)
“Coordinator” means a volunteer services coordinator.
(3)
“Employee volunteer” means a person who is employed by the Institution and who provides a service on personal time to the Institution.
(4)
“FBI Criminal History Record Information” means the primary method by which criminal history information is reported.
(5)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(6)
Lay Volunteer.
(a)
“Lay volunteer” means a person who volunteers on that person's personal time to provide services on a regular or frequent basis. The volunteer may be associated with a group, such as a civic, fraternal or services organization, or church.
(b)
“Lay volunteer” does not mean a student intern, volunteer professional, or citizen participant.
(7)
“Maryland CCH IDENT/INDEX and Criminal History Record Information” means the computerized Criminal History Identification Index.
(8)
“Material/monetary donor” means a person or group that provides material or monetary donations to the Institution.
(9)
“Reasonable suspicion” means the apparent state of facts or circumstances which would lead a reasonably prudent person to believe that a violation has been committed, is in the process of being committed, or may be committed by a specific individual.
(10)
“Registered volunteer” means a volunteer who has completed the screening and orientation procedures, and has obtained the authorized approval necessary to make regular visits to the Institution.
(11)
“Student intern” means a student from a post-high school educational institution who, for credit and under the supervision of that person's school, performs services on a regular or frequent basis.
(12)
“Volunteer” means a citizen who provides a service or donation to the Institution or its inmates without receiving direct compensation from the Institution and who has been identified as a volunteer through the procedures described in Regulation .03G of this chapter.
(13)
Volunteer Professional.
(a)
“Volunteer professional” means a person who represents another agency in providing a service on a regular or frequent basis and is paid by that agency.
(b)
“Volunteer professional” does not mean personnel from the Department of Education, or contractual personnel who provide substance abuse treatment.
(14)
“Volunteer services” means planned activities which aid staff in promoting inmate adjustment and which utilize citizens as the major resource.
Regulation .02 Recreational, Cultural, and Community Activities.LinkCopy Citation
A.
The Director shall develop, implement, and maintain a recreational program for the inmate population.
B.
The Director shall ensure that an inmate is given the opportunity to participate in as many recreational activities as possible, considering Institution security and control needs.
C.
A volunteer may be used at the Institution for the recreation program, under the supervision of the recreation staff, and in conjunction with the volunteer services program requirements and security regulations.
D.
The Director may develop procedures for inmate participation in a community league when consistent with established Institution policy and security requirements.
E.
The unit treatment teams shall also be responsible for reviewing community activities and securing permission for inmates with appropriate leave status to attend community functions.
F.
Staff members involved with inmate recreation programs may consult with community-based interest groups to provide liaison services for programs, and to ensure community and Institution interaction.
Regulation .03 Volunteer Services.LinkCopy Citation
A.
The members of the public are encouraged to participate in inmate volunteer activities.
B.
The Coordinator, serving under the supervision of the Warden, shall be responsible for the coordination of all volunteer activities, volunteer groups, and religious education classes within the Institution.
C.
The Institution encourages the activities of self-help and self-improvement groups consistent with the rules, regulations, and operational capabilities of the Institution.
D.
A Volunteer Advisory Committee shall assist the Coordinator. A Volunteer Advisory Committee shall include one representative and alternate of each of the volunteer activities scheduled at the Institution quarterly or more frequently. Committee members shall be approved by and serve at the pleasure of the Director. The Director may appoint a volunteer representative at the recommendation of the Coordinator, the Chaplain, or the Warden.
E.
Volunteer activities shall be scheduled at least 1 week in advance for regularly scheduled weekly activities and 60 days in advance for special events or programs. Notification shall include identification of all volunteers scheduled to enter the Institution and all equipment or materials necessary for the function. Cancellation of any program shall be made at the earliest possible time by notifying the shift commander and all departments involved in the scheduled function.
F.
Volunteer Services Program Management.
(1)
The Warden and the Coordinator shall develop annual goal statements based on needs assessment results and direction from the Director.
(2)
Each registered volunteer shall have a written assignment description prepared by the Coordinator.
(3)
The Warden and the Coordinator shall recruit volunteers from all cultural and socioeconomic segments of the community.
(4)
The Warden shall ensure that gifts, contributions, and donations to the Institution are accepted and processed per Department of Budget and Fiscal Planning Procurement Regulation 02.01.08.
G.
Selection.
(1)
The Coordinator shall ensure that each volunteer applicant is screened using the following methods:
(a)
Personal interview;
(b)
Completion of application for volunteer service;
(c)
Investigation of credentials, if credentials are germane to volunteer services; and
(d)
Criminal history investigation using, at a minimum, the following screens:
(i)
Maryland CCH IDENT/INDEX and Criminal History Record Information,
(ii)
FBI check using transaction codes CCH and CCF,
(iii)
OBSCIS II,
(iv)
Motor vehicle records, and
(v)
Fingerprinting followed by submission of prints to the FBI for identification, at the Warden's discretion.
(2)
A citizen participant, an employee volunteer, or a material or monetary donor may receive a less stringent screening at the discretion of the Director.
(3)
A person with a criminal record or a former inmate, whether previously incarcerated, or on supervised parole or supervised probation, may be accepted as a registered volunteer with the approval of the Director, with the following stipulations:
(a)
The person may not be selected for service other than as a citizen participant until 1 year has elapsed after termination of supervision by closure or abatement through any criminal justice agency;
(b)
The person may not have been arrested since termination from supervision;
(c)
A person who has had a condition of supervision requiring drug abuse treatment shall also provide as a reference the name of his or her most recent parole or probation agent, or his or her substance abuse treatment counselor.
(4)
An employee volunteer shall sign an agreement to volunteer.
(5)
The application of any volunteer applicant who is rejected by the Warden, along with the rationale for rejection, shall be forwarded to the Director for a final determination.
H.
Volunteer Orientation.
(1)
A registered volunteer shall receive standardized orientation and shall sign required documents stating that orientation has been received.
(2)
Orientation shall be conducted by the Coordinator and shall include, at a minimum:
(a)
Basic rules and regulations which affect a volunteer; and
(b)
A description of Institution programs and operations.
(3)
A citizen participant may receive a more cursory orientation at the discretion of the Director.
I.
A volunteer will begin providing services only after receiving orientation and shall be assigned a staff supervisor.
J.
The Coordinator shall provide special skills training as needed.
K.
A supervisor of a volunteer shall work cooperatively with the Coordinator to ensure adequate supervision of volunteer efforts.
L.
Volunteer Access to the Institution.
(1)
A volunteer shall sign a volunteer log as provided by the Institution upon entering and leaving the Institution.
(2)
Search Procedures.
(a)
A volunteer is subject to routine search procedures.
(b)
A volunteer shall sign authorization for a clothed body search. Refusal to consent to a clothed body search shall result in denial of access to the Institution.
(c)
A volunteer shall sign an authorization for a strip search if the Warden has determined that reasonable suspicion exists. Refusal to consent to a strip search shall result in denial of access to the Institution.
Regulation .04 Suspension and Discharge of Volunteers.LinkCopy Citation
A.
The Coordinator shall implement appropriate action if a volunteer is:
(1)
Arrested;
(2)
Violates Institution rules; or
(3)
Has not performed responsibilities in accordance with the assignment description or the expectations of the supervisor.
B.
The action may include:
(1)
Suspension; or
(2)
Discharge.
C.
In the event of discharge, the Coordinator shall advise the volunteer of the reason or reasons for the discharge and conduct an exit interview.
D.
The name of a volunteer who is discharged for unsatisfactory behavior, with the specific rationale for discharge, shall be forwarded to the Warden.
E.
The volunteer may appeal the decision in writing, to the Director, within 30 days from receiving notice.
Regulation .05 Coordinator's Responsibilities.LinkCopy Citation
A.
The coordinator shall ensure that a volunteer receives formal and informal recognition for that person's contributions.
B.
The Coordinator shall ensure that each inmate receives information about volunteer services at Institution orientation sessions and that bulletins describing volunteer services are posted throughout the Institution.
C.
The Coordinator shall be responsible for assessing the promotion of productive relationships among staff and volunteers.
D.
The Coordinator shall maintain a file for each volunteer, to contain at least the following documents:
(1)
Volunteer application;
(2)
Volunteer assignment description;
(3)
Acknowledgement of orientation;
(4)
Volunteer exit notice; and
(5)
Program notes.
E.
The Coordinator shall ensure that the Director has approved major modifications to existing Institution volunteer programs and new program initiatives before implementation by the Coordinator.
Regulation .06 Chaplaincy Services.LinkCopy Citation
A.
Policy.
(1)
It is the policy of the Institution that an inmate shall have absolute freedom of religious belief.
(2)
Within security and program limitations, the Director shall ensure that each inmate has reasonable opportunity to exercise his or her religious beliefs.
(3)
The Director shall ensure that each religion receives equal status and protection.
B.
A chaplaincy service, in conjunction with other Institution programs and activities, presents the opportunity for an inmate to make incarceration a productive period of personal change and growth.
C.
Inmate participation in religious programming is voluntary.
D.
The Director shall ensure that religious services are conducted by chaplains or approved volunteer clergy and are available to the general inmate population.
E.
Religious activities are subject to supervision by Institution security staff.
F.
Abstention from Offered Food Items.
(1)
An inmate shall be permitted to abstain from regularly offered food items that the inmate believes to be prohibited by the inmate's religion.
(2)
A 7-day menu shall be posted on each side of the food serving line in a menu box with a glass front. Pork items shall be marked by an asterisk. Foods which are a nutritionally equivalent substitute shall be provided on the food line for inmates who require a pork-free diet.
G.
Ceremonial Food Packages. When consistent with the operational capabilities of the Institution, food packages of a ceremonial nature shall be admitted during religious holidays. These packages shall be provided free of charge to the Institution in a factory-sealed container, and shall be subject to inspection and approval by the Director.
Regulation .07 Inmate Request to Marry.LinkCopy Citation
Patuxent Institution shall comply with provisions under COMAR 12.02.21 if an inmate at Patuxent Institution requests to marry.
Chapter 18. Visits to Inmates
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Certified religious visitor” means a person who is certified by the applicable religious authority to minister to members of that body, and who has been processed according to relevant Institution directives to visit individually with a specific inmate on a regular, occasional, or one-time-only basis.
(2)
“Contact visit” means a visit which permits limited physical contact between the inmate and the visitor.
(3)
“Contraband” means an item as defined under Criminal Law Article, §9-410(c), Annotated Code of Maryland.
(4)
“Frisk search” means running the hands across clothing worn to detect any hidden objects.
(5)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(6)
“Special visit” means a visit authorized as an exception to normal visiting procedures.
(7)
“Visitor” means a person entering the institution who:
(a)
Is on an inmate's visiting list; or
(b)
Has obtained approval as a special visitor.
Regulation .02 General Procedures.LinkCopy Citation
A.
The Director shall establish:
(1)
The number of visits which an inmate may receive;
(2)
The length of a visit; and
(3)
The number of visitors authorized during one visit.
B.
The Director shall consider the following standards when establishing the procedures in §A of this regulation:
(1)
Institution schedule;
(2)
Visiting space;
(3)
Security considerations;
(4)
Staff requirements; and
(5)
An inmate's Institution status.
C.
The Director shall ensure that the Warden establishes procedures governing visits to inmates in outside hospitals and the Institution's infirmary, which shall include provisions to ensure that:
(1)
Each visit conforms with custody requirements; and
(2)
Appropriate health or mental health personnel approval is obtained to confirm that the inmate is medically or mentally able to conduct the visit.
D.
The Director shall ensure that the Warden designates a visiting area which meets reasonable conditions for a visit to take place and satisfies Institution security requirements.
E.
An inmate may refuse to see a visitor.
Regulation .03 Types of Visits.LinkCopy Citation
A.
Contact Visits. The Director shall ensure that the Warden allows a contact visit unless a contact visit is prohibited by Institution regulations or security concerns. The specific kind and amount of contact shall be based on security and treatment considerations.
B.
Noncontact Visits. The Director shall ensure that the Warden designates a visiting area for a noncontact visit and establishes procedures for its use.
C.
Religious Visits. The name of a certified religious visitor shall be recorded on the inmate's visitor record, but not counted in the maximum 15 visitors. Religious visits shall be managed according to Institution procedures.
D.
Legal Visits.
(1)
The Director shall ensure that the Warden establishes procedures for an inmate visit with an attorney.
(2)
An attorney need not be on the inmate's visitor record, but shall have proper identification.
(3)
A legal assistant who visits an inmate shall present a letter of introduction signed by an attorney on the firm's stationery.
(4)
The Director may not set a time limit for an attorney visit.
(5)
An attorney shall visit during regular visiting hours unless a special arrangement is made with the Warden.
E.
Special Visits. The Warden shall establish procedures for special visits.
Regulation .04 Record of Inmate Visits.LinkCopy Citation
A.
The Warden shall ensure that during the reception process, a visitor record form is established for each inmate.
B.
Each inmate may submit a list of up to 15 names, addresses, and relationships of intended visitors to be included on the list.
C.
An inmate shall place the name of an intended visitor who is 18 years old or older on the inmate's visitor record.
D.
An inmate is not required to list children younger than 18 years old on the visitor record.
E.
Only those persons on the inmate's visitor record will be approved to visit an inmate. However, the Director shall establish procedures to provide for the following types of visits:
(1)
Religious;
(2)
Legal; and
(3)
Special.
F.
When an inmate is transferred, the Institution shall forward the inmate's visitor record to the receiving facility at the time of the transfer, to:
(1)
Ensure a continuous record of an inmate's visits; and
(2)
Eliminate the need for a new record to be established.
Regulation .05 Visitor Requirements.LinkCopy Citation
A.
A visitor shall present one of the following types of identification:
(1)
A driver's license;
(2)
An age of majority card;
(3)
Birth certificate;
(4)
Social security card; or
(5)
Other State, federal, or private industry issued photograph identification.
B.
The Director shall ensure that a person younger than 18 years old who intends to visit an inmate is accompanied by an adult. The officer in charge of the visiting area may request identification for verification of age.
Regulation .06 Visitor Searches.LinkCopy Citation
A.
The Director shall require a visitor to pass through a metal detector or be searched by a scanning device upon entering.
B.
The Director shall ensure that the Warden establishes a procedure to frisk search visitors randomly on a daily basis.
C.
When a frisk search is conducted, the individual conducting a search shall be the same sex as the person being searched.
D.
A visitor shall complete and sign a consent to search form.
E.
The Director shall ensure that the Warden establishes procedures to maintain a copy of the consent to search form in the base file of an inmate being visited. The Director shall ensure that the original copy of this form is kept on file by the Warden.
F.
The Director shall ensure that a visitor who refuses to submit to a search is denied visiting privileges for that day.
G.
If a visitor possesses contraband in violation of Criminal Law Article, §9-410(c), Annotated Code of Maryland, the contraband shall be confiscated and a law enforcement agency notified.
Regulation .07 Visitor Rules and Visit Guidelines.LinkCopy Citation
A.
During a visit, a visitor shall follow visiting room rules and shall maintain control of children who may be participants in the visit.
B.
A visit may be disapproved by the Institution shift commander or officer in charge, if the visitor:
(1)
Appears to be under the influence of a drug or alcohol;
(2)
Refuses to submit to search procedure;
(3)
Fails to provide sufficient identification;
(4)
Provides falsified identification;
(5)
Is younger than 18 years old and is not accompanied by an adult;
(6)
Violates an Institution visiting rule posted in the visiting room; or
(7)
Possesses contraband.
C.
If a visitor is denied a visit for a reason included in §B of this regulation, and the visitor refuses to leave the Institution, the police shall be notified and the visitor shall be treated as a trespasser in accordance with Criminal Law Article, §6-409, Annotated Code of Maryland.
D.
A visit may be terminated or shortened if:
(1)
The visitor or inmate fails to prevent children from disturbing another person in the visiting area;
(2)
The visitor or the inmate is verbally or physically disruptive and jeopardizes visiting room operations or the security of the Institution;
(3)
The visitor and inmate engage in excessive physical contact;
(4)
The inmate violates a rule or regulation of the Institution;
(5)
There is insufficient space for a visit in the visiting room;
(6)
An Institution crisis exists;
(7)
A visitor violates an Institution visiting rule posted in the visiting room; or
(8)
Any other reason exists as determined by the Warden.
E.
The Director shall ensure that the Warden requires the approval of the shift commander or officer in charge to terminate a visit. The shift commander or officer in charge shall provide the Warden with a report stating the specific reasons for terminating a visit.
Regulation .08 Suspension of a Visitor's Visiting Privilege.LinkCopy Citation
A.
The Warden may suspend a person from visiting an inmate for a designated or indefinite period of time when there is clear and convincing evidence that a visit would jeopardize the safety or security of the Institution.
B.
The Director shall ensure that the Warden bases suspension of visiting privileges on:
(1)
A review of the information provided in the supervisor's report of the incident; and
(2)
Information provided by staff, the inmate, and the visitor.
C.
The Director shall ensure that the Warden sends a written notice of a decision to suspend visiting privileges for a specified or indefinite period of time to the following:
(1)
Inmate;
(2)
Inmate base file;
(3)
Visitor; and
(4)
Coordinator of Volunteer Services.
D.
The Director may authorize the Warden to omit justification for the suspension or termination of a visit from the written notice when the security of the Institution or the safety of an individual would be affected.
E.
A notice of suspension or termination of visiting privilege shall include:
(1)
A statement of the reasons for the suspension;
(2)
The length of the suspension or termination; and
(3)
A statement advising the visitor that he or she may appear before the Warden for a hearing regarding the suspension or termination of visiting privilege.
F.
The Director shall ensure that the Warden:
(1)
Writes a report of a hearing held regarding suspension or termination of a visitor's visiting privilege; and
(2)
Sends a copy of the report to the Coordinator of Volunteer Services.
G.
The Director shall ensure that the Warden attaches the letter of notification to the inmate visiting card when a visitor's visiting privilege is suspended.
H.
The visitor may request the Warden to reinstate a suspended or terminated visiting privilege upon the inmate's transfer to a Division facility.
I.
An employee of the Institution who is related to an inmate may make regular visits to the inmate with prior approval of the Director.
J.
Home Visits.
(1)
An employee may not visit the home of an inmate or the family of an inmate for any purpose other than official Institution business.
(2)
If a visit is necessary, the employee shall obtain prior written approval from the Director or designee.
(3)
An employee of the Institution who is related to the inmate or to the family of an inmate shall obtain prior approval of the Director or designee to visit the home of an inmate or the family of an inmate.
(4)
Violations of this section shall be considered grounds for disciplinary action.
Chapter 19. Inmate Telephone Privileges
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Emergency situation” means those situations in which the unit chairman or designee determines that:
(a)
An immediate family member of the inmate is hospitalized for serious health reasons, or is in imminent danger of death; or
(b)
A legal proceeding in which the inmate is a party is scheduled for a hearing, or has a court imposed deadline for filing legal papers within 1 week.
(2)
“Immediate family” means a grandparent, parent, substitute parent, brother, sister, wife, son, daughter, grandson, or granddaughter. If a relationship other than those specified is involved, a determination of eligibility for telephone use may be made on a therapeutic evaluation of the relationship between the inmate and the relative.
(3)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
Regulation .02 General.LinkCopy Citation
A.
There are telephones available at the main Jessup facility for the use of inmates on a collect call basis, as scheduled in accordance with the rules, regulations, and operational capabilities of the Institution.
B.
The Institution allows inmates housed at the main Jessup facility to use the telephone in certain emergency situations. The inmate shall provide justification that can be reasonably assessed by Institution staff.
C.
Pay telephones are available at the reentry facility for the use of conditionally released inmates, in emergency and nonemergency situations. Conditionally released inmates shall be allowed access to the telephone consistent with the rules, regulations, and operational capabilities of the reentry facility.
Regulation .03 Procedures for the Emergency Use of Telephones.LinkCopy Citation
A.
A telephone shall be made available for use in an emergency situation by an inmate who has the required authorization. All long distance telephone calls shall be made collect.
B.
The procedures for securing a telephone call in an emergency situation require an inmate to submit in writing a request to the inmate's unit chairman, who shall approve or disapprove the call within 24 hours. An approval shall be directed to the appropriate shift commander or designee, who shall arrange for the call. If the unit chairman is not accessible, an inmate may make the request of another unit treatment team staff member. In the event of a verifiable dire emergency, the shift commander or designee may approve the telephone call if appropriate unit treatment team staff are not accessible.
C.
If the shift commander or designee approves an incoming or outgoing telephone call in an emergency situation, the shift commander or designee shall document and justify this approval in writing to the Warden and the Associate Director for Treatment.
D.
If a legal proceeding in which the inmate is a party is scheduled for a hearing, or has a court imposed deadline for filing legal papers within 1 week, then the inmate shall be permitted a telephone call to the inmate's attorney, the Legal Aid Bureau, or the Public Defender's Office.
E.
The provisions of this regulation shall be contingent upon the availability of sufficient staff to escort an inmate to make the telephone call as permitted by this regulation.
Chapter 20. Inmate Mail
Repealed
Chapter 21. Death, Serious Illness, or Injury of an Inmate
Regulation .01 Death of an Inmate.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Family member” means a person who is immediately related to an inmate by blood or law, including a:
(a)
Spouse;
(b)
Child who is at least 18 years old;
(c)
Parent;
(d)
Sibling;
(e)
Grandparent; and
(f)
Grandchild who is at least 18 years old.
(2)
“Indigent inmate” means an inmate who, at the time of death, is under the control of the Institution and who has:
(a)
Insufficient funds to pay for funeral and burial expenses;
(b)
No person legally responsible for his or her support who is able to pay funeral and burial expenses; or
(c)
No resources available, including family funds, death benefits, estate, or inmate account, which may be used to pay funeral and burial expenses.
(3)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(4)
“Medical examiner” means the Baltimore City Medical Examiner for the reentry facility located in Baltimore City and the Howard County Medical Examiner for the main Jessup facility.
(5)
“Police” means the Baltimore City Police for the reentry facility located in Baltimore City and the State Police for the main Jessup facility.
C.
Upon discovery of the death of an inmate, medical services staff or the senior shift supervisor shall immediately notify the following authorities:
(1)
Secretary;
(2)
Director;
(3)
Warden;
(4)
Associate Director of Treatment;
(5)
Police; and
(6)
Medical Examiner.
D.
After receiving clearance to do so by the appropriate investigating agency, Institution staff shall:
(1)
Immediately inventory and secure the deceased inmate's property;
(2)
Take the fingerprints of the deceased for the purpose of positive identification; and
(3)
Prepare a notice of death for the Federal Bureau of Investigation.
E.
Upon official pronouncement of death, the Director shall contact the decedent's next of kin. The identity of a deceased inmate may not be released to the media until the next of kin have been notified.
F.
The Institution shall obtain two copies of the autopsy report when appropriate. One copy shall be placed in the inmate's base file and one copy shall be forwarded to the Director for inclusion in the serious incident report.
G.
If an inmate is known to have died of natural causes while in the Institution's infirmary, or while in an outside hospital, the following action shall be taken after a medical doctor on the scene has pronounced the inmate dead:
(1)
The responsible officer on duty at the infirmary or the hospital at the time of the inmate's death shall:
(a)
Immediately notify the Institution shift commander or the officer in charge,
(b)
Obtain a receipt for the body before leaving the infirmary or the hospital, and
(c)
Inventory the inmate's personal possessions at the infirmary or the hospital and return the property to the Institution property officer;
(2)
The Associate Director of Treatment shall be notified by the shift commander or the officer in charge.
H.
After the required immediate actions have been taken and the initial notifications have been made, the Warden shall secure three copies of the death certificate from the Maryland Department of Health, Division of Vital Records, to be distributed as follows:
(1)
One copy shall be placed in the inmate's base file;
(2)
One copy shall be given or mailed to the next of kin for use in settling the estate of the deceased; and
(3)
One copy shall be included in the serious incident report.
I.
The Warden shall ensure that the provisions of Regulation .02 of this chapter are followed in cases when the next of kin intends to claim the body of the deceased inmate, if both the next of kin and the inmate are indigent.
J.
The Warden shall advise the next of kin to seek the assistance of legal counsel to obtain authority to receive the personal property of the deceased inmate, and shall follow the procedures described in COMAR 12.12.26.03B in disposing of the deceased inmate's inventoried possessions.
Regulation .02 Funeral and Burial Expenses of Indigent Inmates.LinkCopy Citation
A.
The warden shall refer a family member of the deceased indigent inmate to the Department of Human Services for the determination of his or her eligibility for funeral and burial funds.
B.
The unit chairman from the deceased inmate's treatment unit shall ensure that a family member who assumes responsibility for burial is known to the Department of Human Services, by current eligibility for one of the following:
(1)
Cash benefit support;
(2)
Food stamps; or
(3)
Medical assistance.
C.
The unit chairman shall ensure that the current eligibility of the family member is confirmed by a local agency of the Department of Human Services.
D.
A family member assuming responsibility for burial shall visit the local Department of Human Services agency to complete the appropriate application for Institution funeral and burial expenses.
E.
Upon eligibility confirmation and receipt of the vendor's billing statement, the funds shall be paid by the Institution directly to the funeral director of the family's choice.
F.
The amount of the entitlement will supplement available funds, including the inmate's account, as specified in Article 88A, §62A, Annotated Code of Maryland.
G.
If the body of the deceased indigent inmate is not claimed within 48 hours, the Warden shall coordinate disposition of the body with the State Anatomy Board.
Regulation .03 Serious Illness or Injury of Inmate.LinkCopy Citation
A.
The Institution shift commander or designee shall immediately notify the following officials when an inmate is seriously ill or injured:
(1)
Director;
(2)
Warden; and
(3)
Assistant Warden.
B.
Upon notification of serious illness or injury to an inmate, the Director shall contact the inmate's next of kin and inform them of the inmate's condition.
Chapter 22. Medical Services
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abortion” means spontaneous or induced termination of pregnancy.
(2)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(3)
“Involuntary admission” means admission of an inmate to a psychiatric hospital, as defined under Health-General Article, §§10-613—10-617, Annotated Code of Maryland.
(4)
“Postnatal care” means the necessary intervention affording health care and support that is provided to the infant immediately after birth.
(5)
“Postpartum care” means the necessary intervention affording health care and support to a woman who has recently given birth.
(6)
“Pregnancy” means the gestational process of growth and development within the woman of a new individual, from conception through the embryonic and fetal periods to birth.
(7)
“Prenatal care” means the necessary intervention affording health care to both the woman and to the fetus during pregnancy and before birth.
(8)
“Terminal” means ending in death.
Regulation .02 Inmate Pregnancy.LinkCopy Citation
A.
Assessment and Treatment.
(1)
The health services provider shall provide a complete history, physical examination, and definitive laboratory test to determine pregnancy when requested by the:
(a)
Inmate;
(b)
Medical staff; or
(c)
Warden.
(2)
All prenatal and postpartum care shall be provided in accordance with acceptable health services standards to include:
(a)
Regular appointments with an accredited obstetrical clinic;
(b)
Medications as necessary; and
(c)
Patient education.
B.
The Director shall ensure that standards are developed to address:
(1)
Prenatal care;
(2)
Postnatal care;
(3)
Postpartum care;
(4)
Abortion;
(5)
Hospital admission;
(6)
Disposition of the child in accordance with Correctional Services Article, §9-601, Annotated Code of Maryland; and
(7)
Executive clemency.
Regulation .03 Involuntary Admission of an Inmate to a Psychiatric Hospital.LinkCopy Citation
A.
The Warden shall ensure that an admission to a mental hospital is limited to a Maryland Department of Health psychiatric hospital and shall comply with the requirements for an involuntary admission under Health-General Article, §§10-613—10-619, Annotated Code of Maryland.
B.
The Institution, when transferring an inmate, shall provide the Maryland Department of Health psychiatric hospital with the following information:
(1)
The inmate's current condition;
(2)
The inmate's medical and psychiatric history and condition;
(3)
Circumstances threatening the life or safety of the inmate or others; and
(4)
Current medication and other treatment being provided to the inmate.
C.
When the Institution transfers an inmate to a Maryland Department of Health psychiatric hospital, the Institution shall pick up and return the inmate to the Institution following notification by the Maryland Department of Health psychiatric hospital that the inmate is ready for discharge from the hospital.
Regulation .04 Medical Treatment of Inmates while on Prerelease Status or Escape.LinkCopy Citation
A.
The Institution is financially responsible for treatment of injury or illness sustained by an inmate while on leave, work release, school release, or in an escape status.
B.
Emergency medical treatment shall be provided to Institution inmates by a community hospital.
C.
All invoices for services provided shall be submitted to the Institution health services contractor.
D.
Nonemergency treatment shall be rendered by the Institution health services provider.
Regulation .05 Exposure of Correctional Officer to Contagious Disease or Virus.LinkCopy Citation
A.
If, while treating or transporting an ill or injured inmate to a medical care facility, or while acting in the performance of duty, a correctional officer comes into contact with an inmate who is subsequently diagnosed, as a result of information obtained in conjunction with the services provided during the visit to the facility, as having a contagious disease or virus, the correctional officer and the Institution are entitled to receive the notification specified in Health-General Article, §18-213(d) and (e), Annotated Code of Maryland.
B.
As part of a correctional officer's training, the education specified in Health-General Article, §18-213(j), Annotated Code of Maryland, concerning the human immunodeficiency virus and the hepatitis B virus, shall be provided by the Institution.
C.
A correctional officer shall receive the equipment specified in Health-General Article, §18-213(k), Annotated Code of Maryland, that is recommended to protect the officer from exposure to the human immunodeficiency virus and the hepatitis B virus while rendering emergency medical care.
D.
As specified in Health-General Article, §18-213(m), a correctional officer may not refuse to treat or transport an inmate because the inmate is human immunodeficiency virus positive.
E.
The Institution shall develop written procedures for the implementation of these regulations and shall make copies of these procedures available, upon request, to the individuals specified in Health-General Article, §18-213(l), Annotated Code of Maryland.
Chapter 23. Public and Media Relations
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
Regulation .02 Public Relations.LinkCopy Citation
A.
The Director shall ensure that the Institution:
(1)
Responds to citizens' inquiries and complaints transmitted either in writing, by telephone, or through personal visits;
(2)
Designates a person to handle inquiries or complaints; the public relations representative may refer a matter to a more appropriate individual or agency for a response;
(3)
Ensures that switchboard operators, receptionists, mail room personnel, and other staff refer citizen telephone calls, mail, and visitors to the Institution's designated public relations representative.
B.
The Director shall ensure that a person who answers telephone calls from the public is trained in the following:
(1)
Mechanics of the telephone system;
(2)
Proper telephone courtesy;
(3)
Prompt attention to calls; and
(4)
Use of directories to forward a caller to the appropriate person.
C.
The Director shall ensure that written communication:
(1)
Is stamped with the name of the Institution and the date immediately upon receipt;
(2)
Is responded to within 10 business days of receipt, if a response is required;
(3)
Is addressed by an interim response to the citizen when the communication cannot be properly responded to within the 10 business days' requirement; the Director shall ensure that the interim response addresses the following:
(a)
The name of the individual responsible for the reply,
(b)
The reason for the delay, if it can be stated,
(c)
The telephone number of the individual responsible for reply, and
(d)
An estimate as to when a reply will be made.
D.
Personal Visit.
(1)
Institution staff shall encourage a citizen to make an appointment when a citizen wishes to speak in person with an Institution staff member about an inmate.
(2)
The Director shall ensure that a clear and current notice is posted within the visitor area to notify a visitor as to where information may be obtained.
(3)
The Director shall ensure that an employee having contact with a visitor to the Institution is adequately prepared and has available appropriate information which may be of use to the visitor.
(4)
The Director shall designate a person to handle visitors' requests during posted business hours. A citizen may call to confirm the business hours of the Institution.
E.
The process for referring a visitor inquiry is as follows:
(1)
Each inquiry, complaint, or request shall be accepted;
(2)
If an inquiry, complaint, or request is not resolved immediately, it shall be:
(a)
Referred to an appropriate person for further handling, or
(b)
Recorded for future processing;
(3)
The inquirer shall be advised of information required to direct the request to a more appropriate agency to obtain the information requested;
(4)
The Director shall ensure that a citizen making an inquiry is advised when an inquiry is referred to another agency, by sending the citizen a copy of the referral letter which will include the reason for referral to another agency for response.
F.
The Director shall ensure that appropriate staff receive a copy of the citizen response plan and receive orientation in those procedures.
Regulation .03 Media Relations.LinkCopy Citation
A.
Cooperation with Media Representatives.
(1)
The Director shall encourage and develop mutual cooperation with media representatives, and permit the greatest possible access to public information within the limitations of applicable statutes and within operational limitations.
(2)
An employee of the Institution shall refer all media inquiries to the Director.
(3)
The Director shall determine whether media inquiries will be forwarded to the Public Information Office of the Office of the Secretary.
(4)
Institution employees who provide information to media representatives shall ensure that the information is:
(a)
The best available;
(b)
Truthful, objective, and accurate; and
(c)
Limited to the information authorized for release under Access to Public Records, State Government Article, §10-611 et seq., and §C of this regulation.
B.
Visits by a Media Representative.
(1)
A representative of the media may visit the Institution and an inmate confined in the Institution for the purpose of conducting a recorded interview only with prior approval of the Director.
(2)
The Director shall ensure that the Public Information Office of the Office of the Secretary is notified of a media visit.
(3)
A media representative shall be required to produce evidence of media employment or authorization which shall be subject to verification before admission to the Institution.
(4)
A representative of the media shall conduct an interview with an inmate within a normal visiting area unless otherwise approved by the Director, consistent with security needs and routine activities of the Institution.
(5)
An inmate has the right to refuse to be interviewed and a right to refuse to be photographed.
(6)
An inmate may have his or her photograph taken, be filmed, or otherwise be interviewed only if he or she agrees in writing and has the prior approval of the Director.
(7)
The Director shall ensure that a signed authorization indicating inmate approval is placed in the inmate's base file.
C.
Release of Information on Inmates.
(1)
Information regarding inmates confined in the Institution or subject to its jurisdiction may not be released except pursuant to statutory authorization under either Correctional Services Article, §4-209, or State Government Article, §§10-611—10-628, Annotated Code of Maryland, or other appropriate statutes. Release of information regarding the identity of inmates confined to the Institution is limited to the following:
(a)
Name of the inmate;
(b)
Criminal offense for which incarcerated;
(c)
Length of sentence;
(d)
Jurisdiction where convicted;
(e)
Institution status, that is, either confined for evaluation or committed as an eligible person;
(f)
Date received, and date of escape if an escapee; and
(g)
If the inmate is an active escapee, a physical description may be released as well as a photograph if available.
(2)
In any situation when there is a question as to the legality of the release of information, the Director shall consult Department counsel for advice before releasing the information.
Regulation .04 Request for Information After Hours.LinkCopy Citation
Any request for information received after normal business hours will be referred to the Director.
Regulation .05 Emergencies.LinkCopy Citation
A.
When an emergency or nonroutine incident occurs, the Public Information Office of the Office of the Secretary shall be notified immediately and, in most cases, shall be responsible for the release of information about the event. At the discretion of the Director and in consideration of the public safety, basic information about the event may be released by the Director.
B.
In an unusual or emergency situation such as a riot, fire, job action, strike, escape, or another unusual occurrence as designated by the Director, media representatives are not allowed on the grounds of the Institution without express permission of the Director. The Director may prohibit the use of television or photographic equipment on the grounds of the Institution, if use of the equipment would exacerbate the situation and further jeopardize the safety of the Institution.
C.
The Public Information Officer, with the advice and consent of the Director, shall establish media staging and parking areas. A representative of the media will remain within the designated area and will be briefed by the Public Information Officer.
D.
Briefings by Public Information Officer.
(1)
The public information officer shall prepare and present a preliminary briefing to the news media within 1 hour after arrival.
(2)
During this briefing, the news media shall be informed of security procedures and safety requirements that will affect them, the nature of the emergency, and background information on the institution.
(3)
At this time, a briefing timetable shall be established which will permit news media representatives to meet their deadlines.
(4)
It shall be clearly explained to the news media that an inmate within the institution can monitor radio and television reports, and this prevents the release of certain information which could jeopardize security or response tactics.
(5)
If, during the course of negotiations, an inmate requests that a member of the media be present and if that request is granted by the Director, then the media representative shall be advised that the media representative is expected to brief all other members of the media on site within 1 hour after negotiations have ended.
E.
Representatives of the news media may not be permitted into areas of the institution other than the news media briefing area for any purpose without the approval of the Director. A request for pool photography or news media tours, or both, may be considered by the Director after the emergency is under control. Representatives of the media shall be advised that efforts to enter, or to have another person enter, the prohibited area for the purposes of filming the event or interviewing inmates may not be tolerated. If the Public Information Officer has reason to believe that a restriction of aircraft overflights is necessary, the Public Information Officer shall notify the Federal Aviation Administration to seek a restriction.
Regulation .06 Tours by Citizens.LinkCopy Citation
A.
A citizen interested in requesting a tour of the Institution may apply to the Director by letter. The letter requesting the tour shall include:
(1)
The requested date and time for the tour;
(2)
A telephone number and address of the tour applicant;
(3)
The reason or reasons for the tour; and
(4)
The number of citizens who are requesting to participate in the tour.
B.
The letter requesting the tour shall be mailed a minimum of 4 weeks before the requested tour date, to allow for administrative review of the request and associated planning.
Regulation .07 Community Relations Officer.LinkCopy Citation
A.
The Director shall appoint a Community Relations Officer to assist the Director in contacts with the community and to respond to citizen inquiries and complaints.
B.
The Community Relations Officer shall establish a speakers bureau to address business and community-based organizations on Institution operations.
Regulation .08 Application to the Reentry Facility.LinkCopy Citation
The provisions of this chapter shall apply to the reentry facility.
Chapter 24. Access to Inmate Records
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Confidential material” means any of the following:
(a)
Addresses and telephone numbers on victim notification or victim impact letters;
(b)
Police reports;
(c)
Juvenile records;
(d)
Presentence investigations;
(e)
Medical records, as defined in Health-General Article, §4-302, Annotated Code of Maryland, which include mental health records;
(f)
Board of Review hearing reports;
(g)
Parole progress file;
(h)
Information obtained under the promise of confidentiality; and
(i)
Information pertaining to an ongoing or pending investigation.
(2)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9), or a Division inmate who has been referred to the Institution for evaluation.
(3)
“Inmate base file” means the personal record of an inmate, which shall include, to the extent not prohibited by federal law, and to the extent they are physically available:
(a)
Police reports and other relevant information concerning the crime of which the inmate was most recently convicted and the sentence imposed for that conviction;
(b)
The inmate's prior criminal and juvenile history, and all relevant records concerning it;
(c)
Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate;
(d)
School records;
(e)
Information concerning the inmate's prior medical and mental health history, including relevant medical and hospital records and reports; and
(f)
All other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.
(4)
“Mental health records” means any manual or automated record of mental health assessment or care maintained on an inmate, including psychological reports, psychiatric evaluations, evaluation reports, social histories, and any correspondence relating to therapy.
Regulation .02 Procedure.LinkCopy Citation
A.
Records.
(1)
The Institution shall compile and maintain a complete record and history of each inmate referred to the Institution for evaluation or admitted to the Institution for treatment.
(2)
The Institution shall also record a full and accurate description of each inmate admitted to it for treatment, including photographs. The Institution may adopt the Bertillon or any other accurate method of description, measurement, and registration.
(3)
All State and local officials and agencies shall cooperate with the Institution, and shall, promptly upon request, furnish or cause to be furnished to the Institution the information, records, and reports in their possession in order that the Institution may comply with this section. The provisions of Courts and Judicial Proceedings Article, §3-828(b), Annotated Code of Maryland, do not apply with respect to a request made for juvenile records pursuant to this regulation.
B.
To the extent that any records, reports, and information compiled pursuant to Correctional Services Article, §4-209(e), Annotated Code of Maryland, are legally confidential, they shall remain confidential and may not be disclosed to any person or agency except as provided below:
(1)
The Commissioner or his authorized staff;
(2)
The Division of Parole and Probation;
(3)
The Maryland Parole Commission;
(4)
A State's Attorney, when required in the prosecution or defense of a proceeding in court;
(5)
A federal, State, or local law enforcement officer upon a written request signed by an authorized commanding officer of the law enforcement agency, certifying that the information is needed for a pending investigation;
(6)
An authorized correctional official or probation officer of the United States or a state, district, or territory of the United States, if that jurisdiction has made reciprocal provision by law for the furnishing of similar information to comparable officials of Maryland;
(7)
The Attorney General of Maryland;
(8)
The Inmate Grievance Commission to the extent relevant to a matter pending before it, and with the written consent of the person to whom the information pertains;
(9)
The Division of Vocational Rehabilitation of the Maryland Department of Education solely for the purpose of determining if an inmate confined at the Institution qualifies for benefits provided by the Division;
(10)
Providers of medical care when medical records are required to the extent necessary to assure proper medical treatment;
(11)
A judge of a circuit court or District Court when required in connection with pretrial release, presentence investigation, or postsentence investigation; and
(12)
State, local, federal, and private agencies to the extent that the release of the information will benefit the inmate, and with the written consent of the inmate to whom the information pertains.
C.
Confidential information may be disclosed under §§B and F of this regulation only if the Director is reasonably assured and convinced that:
(1)
It will be used solely for the legitimate purposes of the person or agency receiving it;
(2)
It will not be used for any improper or unauthorized purpose; and
(3)
It will not be further disseminated to any person or agency not authorized to receive it, as listed in §B of this regulation.
D.
Juvenile records obtained pursuant to §A(3) of this regulation may not be disclosed to any person or agency except those listed in §B, and then only in accordance with §C.
E.
Attorney Access to Nonconfidential Base File Information.
(1)
The attorney of an inmate may obtain access to the inmate's base file, with the exception of confidential information, according to the procedures described in this section.
(2)
The attorney shall provide the Director with a minimum of 24 hours notice in writing. A specific reason for the request shall be stated. Merely noting “legal” is insufficient.
(3)
Before review the attorney shall provide the records department with an authorization for release of records form, signed by the inmate, authorizing the release of the records requested.
(4)
The attorney shall be required to show proper identification before access is permitted.
(5)
An attorney may review only those records for which the request has been made in accordance with this directive.
(6)
If the records are to be reviewed by an employee or agent of the attorney, proper identification shall accompany the employee and be produced upon request.
(7)
All records shall be reviewed in the presence of an Institution employee.
(8)
A reasonable charge shall be assessed for all photocopies provided.
(9)
Joint reviews of the inmate's records, by the attorney and the inmate, are not allowed.
F.
Attorney Request for Confidential Information.
(1)
A request for access to confidential information shall be made in accordance with §E, and the request may be granted only if the provisions of §C are satisfied.
(2)
If the request for confidential information includes medical records maintained by a contractual medical provider, the Director shall provide the attorney with the information necessary to request the records from the medical provider.
(3)
Joint reviews of confidential information, by the attorney and the inmate, are not allowed.
G.
Inmate Access to Nonconfidential Information.
(1)
Inmates may obtain access to nonconfidential information in their base file in accordance with the procedures described in this section.
(2)
A request for records review shall be submitted in writing to the records supervisor.
(3)
A request-received acknowledgment will be sent to the inmate within 5 working days. Reviews will be scheduled within 30 days of this acknowledgment.
(4)
The name of the inmate will be placed on a list maintained by the records department.
(5)
Records department personnel will schedule records review at least once a month. Reviews will be done in the presence of records department personnel.
(6)
The records department will ensure that all confidential material is removed.
(7)
Inmates will be permitted to review their base file no more than twice a year, once every 6 months, unless additional reviews are approved by the Director.
H.
Inmate Access to Medical or Mental Health Information.
(1)
Inmate Access to Medical Information.
(a)
An inmate may obtain access to medical information maintained by a contractual medical provider by submitting a written request to the medical provider.
(b)
The Associate Director for Treatment shall provide the inmate with the information necessary to submit this request to the medical provider.
(2)
Inmate Access to Mental Health Information. An inmate may obtain access to mental health information in the inmate's base file in accordance with the procedures described in this section.
(3)
The inmate shall send a written request for access to the Associate Director for Treatment. This request shall contain a statement from the inmate which describes the purpose of the request.
(4)
Within 10 working days of receiving a request for access, the Associate Director for Treatment shall review the request with the inmate's psychologist or psychiatrist and decide if access should be granted.
(5)
The inmate shall be notified of the Associate Director's decision, in writing, within 5 working days of the decision. If the decision is to deny access, the written notice shall contain the basis for the denial.
(6)
If access is granted, the inmate's review of the requested records shall be scheduled within 30 calendar days of the Associate Director's decision. The inmate's access to the records shall be supervised by a member of the Institution's treatment staff, and a staff member of the records department shall also be present.
(7)
The inmate may not be provided with a copy of any of the inmate's mental health information under any circumstances.
(8)
A request for access may be denied if the Associate Director for Treatment finds that:
(a)
The request is not for a legitimate purpose;
(b)
In the opinion of the inmate's psychologist or psychiatrist, access to the information is psychologically contraindicated; or
(c)
Granting access would present a clear threat to the safety of an individual or the security of the Institution.
(9)
If access is denied, the Associate Director for Treatment shall ensure that a summary of the records that is compatible with the inmate's current level of functioning is prepared. The summary shall be reviewed with the inmate by the inmate's psychologist, psychiatrist, or other mental health care provider in an effort to have the contents of the summary understood by the inmate.
I.
Record of Request for Access to Inmate Records.
(1)
Records department personnel shall maintain a written log of requests for access to inmate records.
(2)
At a minimum, this log shall contain the following information:
(a)
Date of the request for access;
(b)
Name and Institution number of the inmate to whom the request pertains;
(c)
Name of the person requesting access;
(d)
Description of the specific records that the person is requesting access to;
(e)
Reason for the request;
(f)
Name of the person approving or denying the request for access, the date of approval or denial, and verification of the approval or denial of the request;
(g)
Name of the records department staff member who has verified the approval or denial of the request for access; and
(h)
If access to the requested records is approved, a notation of the date that access was granted, and the name of the Institution staff member who supervised the review of the records.
(3)
Records department personnel shall place the inmate's written request for access to records, documentation of approval or denial of the request, and documentation of access when a request is approved, in the inmate's base file.
J.
Access to Inmate Records for Research Purposes.
(1)
The Director shall establish procedures for the submission of written research proposals to the Institution and for the internal Institution review of research proposals, and shall make copies of these procedures available upon request.
(2)
The Director may approve a written research proposal submitted by an individual or agency engaged in legitimate research, evaluation, or statistical analysis activities, provided that the research conforms to current standards for the ethical conduct of research and is consistent with the rules, regulations, operational capabilities, and goals of the Institution.
(3)
If the Director approves a research proposal, the Director shall ensure that a written research agreement is prepared and signed by the researcher and the Director. The research agreement shall include, but is not limited to, a statement of the purpose of the research, a description of the specific research tasks to be performed by the researcher, the names of all individuals who will be performing the research, the information sources to be used, a description of the steps that the researcher will take to protect the privacy of the research subjects and maintain the confidentiality of the data, and the right of the Institution to review reports, documents, or proposed publications before their dissemination or publication.
(4)
A report, document, record, or other material that is legally confidential concerning an inmate may only be disseminated for research purposes under the following conditions:
(a)
The Director has approved the research proposal in accordance with internal Institution rules and procedures;
(b)
The Director has determined that the release of the information will benefit an inmate;
(c)
The researcher has obtained the written consent of the inmate to whom the information pertains;
(d)
The Director is reasonably assured and convinced that the material:
(i)
Shall be used solely for the legitimate purposes of the researcher,
(ii)
May not be used for any improper or unauthorized purpose, and
(iii)
May not be further disseminated to an individual, agency, or organization without the express prior approval of the Director;
(e)
The research agreement specified in §J(3) of this regulation has been prepared and signed by the researcher and the Director; and
(f)
The material is recorded by the researcher in such a manner that the inmate to whom the information pertains, the inmate's victim, and the victim's family cannot be identified from the data set or any published reports.
(5)
Reports, documents, records, or any other material concerning an inmate that is not legally confidential may only be disseminated for research purposes under the following conditions:
(a)
The Director has approved the research proposal in accordance with internal Institution rules and procedures;
(b)
The research agreement specified in J(3) of this regulation has been prepared and signed by the researcher and the Director; and
(c)
Unless the sources of the information are publicly available, the material shall be recorded by the researcher in such a manner that the inmate to whom the information pertains, the inmate's victim, and the victim's family cannot be identified from the data set or any published reports.
(6)
If the Director disapproves a research proposal, the researcher shall be notified in writing. An appeal of the Director's decision to disapprove a research proposal may be made to the Office of the Secretary. The Office of the Secretary shall make a final determination on the research proposal.
K.
Fees.
(1)
The custodian of records shall collect a fee for copying and a fee for preparation of the materials from the requesting party, except that the custodian may not levy a preparation fee for the first 2 hours of official employee time that is needed to respond to a request. Copying and preparation fees shall be posted in the records department, on all tiers, in the ID room, and in the captain's office. The custodian may waive the fees if the waiver would be in the public interest.
(2)
Photocopying will be done only after normal procedures have been followed for withdrawing money from the inmate's financial account, or in the case of outside parties upon satisfactory arrangements for payment by the requesting party.
L.
Request for Nonconfidential Information. All requests for nonconfidential information from any other state, federal, local, or private agency not listed in §B of this regulation shall be accompanied by an authorization, signed by the inmate, that states the purpose of the request. If the agency does not have or is unable to obtain an authorization, the request shall be sent to the Director for a decision.
M.
Appeals.
(1)
Unless otherwise provided in this chapter, an agency, inmate, or other individual requesting access to information shall be notified of a denial within 15 working days of the receipt of the request. This notification shall be placed in the inmate's base file by records department personnel.
(2)
Inmate's Written Appeal.
(a)
An inmate may submit a written appeal of a decision made by the Associate Director for Treatment to the Director.
(b)
The Director shall review the records requested and may consult with an individual considered appropriate to perform a fair review of the Associate Director's decision.
(c)
Within 10 working days of the Director's receipt of the appeal, the Director shall provide the inmate with written notice of the Director's decision on the appeal.
(d)
If the appeal is denied by the Director, the written notice shall contain the reason for the decision.
(e)
The inmate's written appeal, and the Director's written notification of the decision to the inmate, shall be placed in the inmate's base file by records department personnel.
(3)
An inmate may appeal the Director's decision to the Inmate Grievance Office in accordance with the Inmate Grievance Office's procedures.
(4)
An attorney, agency, or other individual denied access by the Director may appeal the Director's decision to the Office of the Secretary. The Office of the Secretary shall make a final determination on the request.
Regulation .03 Request for Inactive Inmate Records from the State Records Center.LinkCopy Citation
A.
A records department supervisor or designee shall ensure that a reference request form is prepared when an inmate's records are requested from the State Records Center.
B.
A records department supervisor or designee shall notify the State Records Center of the records which are needed for review, and will obtain the records at the State Records Center, Waterloo, Maryland.
C.
When the records are no longer needed, a records department supervisor or designee shall return the records to the State Records Center.
D.
The Associate Director, Behavioral Science, shall designate a staff person who shall notify the Director by memorandum that the records have been returned to the State Records Center.
E.
The form and the memorandum shall then be filed by the Director and destroyed after 2 years under Maryland law.
Chapter 25. Inmate Property and Clothing
Regulation .01 Purpose.LinkCopy Citation
The purpose of this chapter is to establish policy and procedure for the handling and storage of property belonging to an inmate incarcerated in the Institution.
Regulation .02 Definition.LinkCopy Citation
A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “Inmate” means an eligible person, as defined by COMAR 12.12.01.03B(9).
Regulation .03 Policy for Handling Property.LinkCopy Citation
A.
It is important that the property rights of an inmate are fully protected when an internal Institution rule or regulation requires than an inmate release his or her personal property to the Institution for safekeeping.
B.
Employees shall exercise reasonable care and diligence over inmate property which is removed from the inmate.
C.
When it is determined that an Institution employee has failed to exercise reasonable care and diligence in ensuring the safekeeping of inmate property, thereby causing loss or damage to the property, the employee may be subject to disciplinary action by the Warden.
Regulation .04 Procedure.LinkCopy Citation
A.
The Warden shall establish a secure area designated as the property room. This area shall be used for the following purposes:
(1)
To secure inmate property which is temporarily out of the custody of the inmate; and
(2)
For the storage of inmate valuables maintained in accordance with established internal rules.
B.
The Warden shall establish procedures for the following:
(1)
To control and account for all inmate property which is in the care of the Institution; and
(2)
To ensure that excess or unauthorized property is disposed of in accordance with Regulation .05 of this chapter and COMAR 12.12.26.03E and F.
C.
Inmate Property Inventory.
(1)
All inmate property taken into Institution custody shall be immediately inventoried to establish an accurate record of the amount of property received.
(2)
When the property cannot be inventoried immediately, an employee shall package, seal, and place the property in a secure area.
(3)
When sealed property is received by the Institution and cannot be inventoried immediately, the property shall remain sealed and be placed in a secure area with documentation indicating the name of the officer receiving and securing the property.
D.
When an inmate receives a housing change, the inmate shall be permitted only those items authorized by the Warden and established by Institution rules.
E.
When an inmate dies, the inmate's property shall be inventoried and stored or disposed of in accordance with COMAR 12.12.26.03B.
Regulation .05 Disposition of Unauthorized Property.LinkCopy Citation
An inmate may receive only those items authorized by internal Institution rules. The Warden shall ensure that unauthorized property is processed in the following manner:
A.
Send the property to an address provided by the inmate, at the inmate's expense;
B.
Release the property to a visitor who has been authorized by the inmate to receive his or her property; or
C.
Dispose of the property in accordance with COMAR 12.12.26.03E and F.
Chapter 26. Disposition of Inmate Personal Property
Regulation .01 Purpose.LinkCopy Citation
The purpose of this chapter is to establish policy and procedure to dispose of inmate personal property in accordance with established State law.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abandoned property” means personal belongings which:
(a)
Are unclaimed after the required 30-day notice has elapsed;
(b)
Have not been sent out of the Institution within 30 days notice to the inmate; or
(c)
Have been declared as abandoned.
(2)
“Contraband” means an item as defined in Criminal Law Article, §9-410(c), Annotated Code of Maryland.
(3)
“Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
(4)
“Property officer” means a person responsible for receiving and controlling inmate belongings in accordance with established property procedures.
Regulation .03 Procedure.LinkCopy Citation
A.
The Director shall establish procedures to:
(1)
Return personal property to the inmate upon release; and
(2)
Obtain receipt from the inmate.
B.
Death of Inmate.
(1)
When the death of an inmate occurs, the Director or designee shall ensure that an inmate's personal property, including funds in an Institution account, is given to a person who possesses a letter of administration issued by a court.
(2)
The Director shall ensure that the deceased inmate's next of kin is notified of personal property, including funds, by registered mail, return receipt requested.
(3)
If the court appoints a personal representative, the representative shall claim the property within 1 year of notice to the next of kin.
(4)
If a court appointed personal representative claims the deceased inmate's property, the representative shall provide a letter of administration. The Director shall ensure that a copy of the letter of administration is retained for the Institution's files.
(5)
When the deceased inmate's property is released to a person who possesses a letter of administration, the Director shall ensure that:
(a)
A receipt for the property is obtained;
(b)
The receipt is retained in the deceased inmate's base file; and
(c)
A copy of the receipt is retained for the Institution's files.
C.
The property officer shall hold for 30 days any inmate personal property which:
(1)
Is in possession of the Institution as a result of an escape; or
(2)
Has been unclaimed by an inmate who has the right to its possession and the property officer shall:
(a)
During the 30-day period, post notice in a conspicuous location within the Institution,
(b)
Deliver the property being held to the inmate who satisfactorily establishes a right to its possession within the time period specified above, and
(c)
Obtain from the inmate a signed receipt when property is turned over to the inmate.
D.
Funds remaining in the inmate's Institution financial account shall remain in the inmate's account for 2 years after an escape, and then shall be turned over to the State General Fund. The account book for an inmate's personal bank account is to be retained in the inmate's base file. If the account has no activity for 5 years, the contents shall be treated as abandoned by the bank and turned over to the State General Fund.
E.
The Director shall:
(1)
Convert abandoned property to Institution use;
(2)
Sell the abandoned property; or
(3)
If it has no value, dispose of the abandoned property in accordance with this regulation.
F.
Disposal of Abandoned Property.
(1)
If the abandoned property is to be converted for Institution use, the property officer shall submit an inventory list in duplicate to the Director advising:
(a)
The condition of the property as follows:
(i)
Good,
(ii)
Fair, or
(iii)
Repairable;
(b)
The estimated value; and
(c)
Planned use.
(2)
Abandoned inmate property is only converted for Institution use for the benefit of the inmate population.
(3)
Property that is considered equipment with an estimated value in excess of $50 shall be recorded on the inmate welfare fund property inventory cards with the estimated value and tagged accordingly.
(4)
If the property is to be sold, it shall be sold on consignment basis by a contract auctioneer whose services shall be obtained in accordance with State procurement regulations. Upon the sale of the property, less expenses, net proceeds shall be deposited in the Institution inmate welfare fund.
(5)
Abandoned Property Disposal.
(a)
The Warden may dispose of abandoned inmate property which has no value and cannot be converted to Institution use, with the approval of the Director.
(b)
Upon approval of the Director, the Warden may dispose of the property by donation to an appropriate charitable organization.
(c)
The property officer shall obtain a dated, signed, descriptive receipt for the donated items and retain the receipt for Institution records.
(d)
All future claims of an inmate to proceeds or rights to possession of this property shall be barred.
G.
This chapter does not affect or limit the authority of the Warden to seize and dispose of contraband.
Chapter 27. Patuxent Institution Youth Program
Regulation .01 Purpose.LinkCopy Citation
The purpose of the Patuxent Institution Youth Program is to provide remediation programs and services designed to meet the specific needs of eligible juvenile offenders and eligible youthful offenders adjudicated as adults.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board of Review” means the Patuxent Institution Board of Review created by Correctional Servicces Article, §4-205, Annotated Code of Maryland.
(2)
“Commissioner” means the Commissioner of Correction or a designee.
(3)
“Director” means the Director of Patuxent Institution or a designee.
(4)
“Division” means the Division of Correction, which may include the Patuxent Institution Diagnostic Center Building or, during an emergency, other housing units designated by the Secretary.
(5)
“Evaluation team” has the meaning stated in Correctional Services Article, §4-101(f), Annotated Code of Maryland.
(6)
“Individual” means a juvenile offender or a youthful offender adjudicated as an adult.
(7)
“Inmate progress review” means the system by which Patuxent youth are assigned to Institution jobs, receive Institution job security classification, and are assigned to levels in the graded tier system, based on an evaluation of the security risk posed by the Patuxent youth and on the Patuxent youth's progress in Institution programs.
(8)
“Institution” means Patuxent Institution.
(9)
“Parole” means a conditional release from the Institution after a portion of the sentence has been served in confinement, with the balance of the sentence to be served under supervision in the community.
(10)
“Patuxent youth” means an individual who has met the criteria for admission to the Patuxent Institution Youth Program specified in Regulation .06 of this chapter.
(11)
“Program” means the Patuxent Institution Youth Program.
(12)
“Progress review committee” means a team of staff members, consisting of treatment staff from the inmate's treatment unit, a custody supervisor, and a member of the Education Department, who are responsible for assigning Patuxent youth to Institution jobs, job security classifications, and levels in the graded tier system.
(13)
“Remediation” means treatment for specific areas of mental and social deficiencies which are highly related to criminal behavior.
(14)
“Remediation plan” means a detailed treatment plan developed for an inmate by a treatment unit.
(15)
“Secretary” means the Secretary of Public Safety and Correctional Services.
(16)
“Treatment unit” means a team of treatment personnel, which includes a psychiatrist, psychologists, and social workers, to which each inmate is assigned.
Regulation .03 General Provisions.LinkCopy Citation
A.
Except as provided in this chapter, COMAR 12.12.01—12.12.25 governing the Institution also governs the Program.
B.
Parole is a privilege and not a right. Parole may be revoked in accordance with the procedures described in COMAR 12.12.13.03.
Regulation .04 Referral Criteria.LinkCopy Citation
A.
A court may, at sentencing, order the Commissioner to refer an individual to Patuxent Institution for evaluation, unless ineligible under Regulation .06 of this chapter, if the individual is:
(1)
Younger than 21 years old at the time of the referral; and
(2)
Sentenced to a term of imprisonment of 3 years or more for a criminal offense.
B.
The Commissioner shall:
(1)
Maintain a list of individuals who have been referred by court order to the Institution for evaluation as participants in the Program; and
(2)
Submit the list monthly to the Director.
Regulation .05 Evaluation Process.LinkCopy Citation
A.
The evaluation team shall examine the referred inmate at either a Division facility or at the Institution. The Director shall select the location for the examination.
B.
The evaluation team shall meet at the Institution to determine whether the Division inmate is a Patuxent youth according to the criteria in Correctional Services Article, §4-401(i), Annotated Code of Maryland, and Regulation .06 of this chapter.
C.
If the examination is to be conducted at a Division facility, the following records needed by the evaluation team are assembled by the Division:
(1)
Documents from the base file as follows:
(a)
A copy of the commitment order,
(b)
The admission summary,
(c)
A copy of the sentencing guidelines,
(d)
Presentence investigation reports, parole reports, probation reports, and other reports that have been prepared concerning the inmate, or documentation that none exists,
(e)
Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed upon that conviction,
(f)
The State's version of the crime,
(g)
Prior criminal and juvenile history and all relevant records concerning it,
(h)
The disciplinary record, and
(i)
Correspondence from judges relating to their referral and recommendation of an inmate to the Institution;
(2)
School records;
(3)
The inmate's prior medical history, including the inmate's medical file and relevant medical and hospital records and reports;
(4)
The inmate's prior mental health history which includes:
(a)
The inmate's psychological file,
(b)
Previous psychological or psychiatric evaluations,
(c)
Record of psychiatric medications,
(d)
Progress notes, and
(e)
Records of previous psychiatric, drug abuse, or alcohol abuse treatment; and
(5)
Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.
D.
If the examination is to be conducted at the Institution, the Division shall ensure that the records specified in §C of this regulation accompany the Division inmate to the Institution.
E.
The evaluation team shall be provided the work space and resources necessary to carry out the examination.
F.
After its review, the evaluation team shall develop a list of inmates in the following categories:
(1)
Patuxent youth who may be admitted to the Institution when Program vacancies occur; or
(2)
Non-Patuxent youth who may not be admitted to the Institution.
G.
The evaluation team shall deliver a report to the Director recommending whether the inmate is a Patuxent youth or a non-Patuxent youth. The report shall support the team's findings with respect to the criteria set forth in Correctional Services Article, §4-401(i), Annotated Code of Maryland, and Regulation .06 of this chapter.
Regulation .06 Admission Criteria.LinkCopy Citation
A.
An individual meeting the referral criteria in Regulation .04 of this chapter may be admitted to the Program if the Director determines that the individual:
(1)
Has an emotional unbalance or intellectual impairment;
(2)
Is likely to respond favorably to the programs and services provided at the Institution; and
(3)
Can better respond to remediation through the services offered in the Program than through other types of incarceration.
B.
Under the provisions of Correctional Services Article, §4-101(e), Annotated Code of Maryland, the following are ineligible for referral to the Institution for evaluation:
(1)
An inmate serving two or more sentences of imprisonment for life under the provisions of Criminal Law Article, Title 2, Subtitle 2, Annotated Code of Maryland;
(2)
An inmate serving one or more sentences of imprisonment for life when a court or jury has found, beyond a reasonable doubt, that one or more aggravating circumstances existed under the provisions of Criminal Law Article, §2-303, Annotated Code of Maryland; and
(3)
An inmate convicted of murder in the first degree, rape in the first degree, or a sexual offense in the first degree, unless the sentencing judge, at the time of sentencing or in the exercise of the judge's revisory power under the Maryland Rules, recommends to the Commissioner that the inmate be referred to the Institution for evaluation.
Regulation .07 Treatment Programs and Assessment During Treatment.LinkCopy Citation
A.
A treatment program developed by the Director shall be governed by a set of clinical guidelines which include the specific:
(1)
Treatment methods to be applied within the Program; and
(2)
Outcome measures for determining the effectiveness of the program.
B.
The treatment unit shall develop for each Patuxent youth an individualized remediation plan which shall:
(1)
Be approved by an Associate Director; and
(2)
Identify the specific therapeutic interventions to be used to address the inmate's remediation needs.
C.
Assessment During Treatment.
(1)
The treatment assessment begins at the time a Division inmate is found to be a Patuxent youth and is transferred to the Institution for treatment.
(2)
The treatment assessment includes:
(a)
Comprehensive clinical reports;
(b)
Individual remediation plans;
(c)
Progress notes; and
(d)
Other information prepared by the staff for the Patuxent youth's annual consideration by the Board of Review.
(3)
Assessments are ongoing.
(4)
With the approval of the Board of Review, a Patuxent youth may be recommended to be continued in treatment or returned to the Division.
D.
Inmate Progress Review.
(1)
The progress review committee shall review and decide the disposition of tier level demotions and promotions, job assignments, and job security classifications for each Patuxent youth assigned to the treatment unit.
(2)
Decisions of the progress review committee shall be by majority vote of the voting members of the committee present at the meeting.
(3)
A decision of a progress review committee that results in a change, whether positive or negative, in a Patuxent youth's tier level, job assignment, or job security classification shall be documented by recording on a progress review the:
(a)
Vote;
(b)
Supporting rationale; and
(c)
Dissenting rationale.
(4)
A decision of a progress review committee requires the Director's approval.
(5)
An affected Patuxent youth shall be given:
(a)
A brief written statement of the committee's decision; and
(b)
The reasons for the committee's decision.
(6)
The written statement may not reflect how the individual committee members voted.
E.
Assignment of a Job Security Level.
(1)
The Institution is a maximum security correctional facility operated by the Department of Public Safety and Correctional Services.
(2)
A Patuxent youth in the Institution's Program is assigned a security level for job assignment only.
(3)
For all other purposes, a Patuxent youth in the Institution's Program is considered to be a maximum security inmate.
F.
Job Security Levels Available to Patuxent Youth.
(1)
Maximum. A Patuxent youth with this job security level shall be restricted to jobs done completely within the interior of the Institution's buildings. This classification shall automatically apply to all new arrivals to the Institution and remain in effect until revised by the proper action of the progress review committee.
(2)
Close. A Patuxent youth with this job security level shall be restricted to jobs that do not require the Patuxent youth to work outside the Institution's perimeter. Only Patuxent youth on third or fourth level tiers shall be granted close security unless otherwise authorized by the Director.
(3)
Status. A Patuxent youth with this job security level shall be allowed to work in jobs that require the Patuxent youth to be outside the Institution's perimeter under supervision. Only a Patuxent youth granted prerelease status by the Board of Review shall be allowed the job security level of status and automatically receive the job security level of status upon the Board of Review's grant of prerelease status to the Patuxent youth. A Patuxent youth on prerelease status shall retain the job security level of status while housed in the Institution.
G.
The progress review committee shall consider the following in deciding whether to assign a Patuxent youth to a specific job security level:
(1)
Need for supervision;
(2)
Adjustment in the Institution;
(3)
Length of sentence;
(4)
Nature of the offense;
(5)
Progress in treatment; and
(6)
Therapeutic requirements.
H.
At least annually and at any time at the Director's discretion, the Director shall review the Patuxent youth's continued eligibility for treatment or transfer to the Division based upon treatment staff recommendations. The Director, in consultation with treatment staff, security staff, or both, is authorized to remove an individual from the Program at any time for any reason.
Regulation .08 Patuxent Youth Transfers.LinkCopy Citation
A.
The duration of incarceration of a Patuxent youth in the Institution terminates when:
(1)
The Director orders the individual transferred to the Division;
(2)
With the approval of the Secretary, the individual is ordered paroled by the Patuxent Institution Board of Review in accordance with the provisions set forth in COMAR 12.12.12; or
(3)
The individual's term of imprisonment is completed as provided by law.
B.
An individual who is transferred to the Program in accordance with this regulation, following a commitment to the custody of the Commissioner, is considered committed to and remains subject to the Institution's jurisdiction.
C.
An individual's transfer to the Program does not affect eligibility for diminution of confinement credits or other privileges available by law or regulation to an individual sentenced to the custody of the Division or a local correctional facility.
D.
An individual released through application of diminution credits is subject to supervision by the Division of Parole and Probation and the authority of the Maryland Parole Commission, or by Patuxent Institution if clinically indicated.
Chapter 28. Patuxent Institution Youth Program—Leave, Work Release, and School Release
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Accompanied day leave” means a leave during which the prerelease inmate is accompanied into the community by an Institution staff member, usually a member of the treatment unit to:
(a)
Become familiar with community resources;
(b)
Find employment; or
(c)
Accomplish a basic task of community reentry.
(2)
“Compassionate leave” means a leave granted for a prerelease inmate to:
(a)
Visit a member of the immediate family who is seriously ill; or
(b)
Attend the funeral of a family member.
(3)
“Holiday leave” means a special leave which follows a holiday schedule approved by the Board of Review and consists of not more than 5 days and 4 nights at an approved place in the community. The usual holiday periods are Washington's Birthday, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
(4)
“Inmate” means a Patuxent youth as defined in COMAR 12.12.27.02B.
(5)
“Level” means the system of four treatment tiers through which an inmate may progress based upon the inmate's behavior within the Institution and progress in treatment. An inmate is eligible to be considered for the prerelease program if the inmate is on the fourth level.
(6)
“Monthly leave” means a leave which may be granted to a prerelease inmate for up to 3 days and 2 nights at an approved place in the community.
(7)
“Parole” means a conditional release from the Institution, after a portion of the sentence has been served in confinement, to serve the balance of the sentence under supervision in the community.
(8)
“School release” means conditional leave from the Institution for participation in an education program offered in the community and deemed beneficial to the treatment of the prerelease inmate and not detrimental to the public.
(9)
“Work release” means a conditional leave from the Institution for participation in an employment program offered in the community and deemed beneficial to the treatment of the prerelease inmate and not detrimental to the public.
Regulation .02 Prerelease Status.LinkCopy Citation
A.
The Board of Review has the power to grant, revoke, or modify an inmate's prerelease status.
B.
Patuxent youth may be granted the privilege of leaving confinement during necessary and reasonable hours for leave, working at gainful private or public employment, or attending school as part of a school release program. These programs may also include, under appropriate conditions, release to seek employment or schooling. Leave, work release, and school release are considered prerelease programs intended to prepare Patuxent youth for parole, mandatory supervision, or expiration of sentence. A Patuxent youth does not have a right to be granted leave, work release, or school release. Leave, work release, and school release are privileges to be granted or revoked at the discretion of the Board of Review.
Regulation .03 Prerelease Status—Public Safety Criteria.LinkCopy Citation
A.
In considering an inmate for prerelease status, the Board of Review shall consider the following public safety criteria:
(1)
The compatibility of the release of the inmate on leave, work release, or school release with the safety and welfare of society;
(2)
The length of the inmate's sentence and the amount of time served on the current term of imprisonment to date;
(3)
The nature of the crime for which the inmate is currently incarcerated;
(4)
The circumstances surrounding the crime for which the inmate is currently incarcerated;
(5)
The determination that leave, work release, or school release would not:
(a)
Depreciate the seriousness of the inmate's crime,
(b)
Promote disrespect for the law, or
(c)
Have an adverse effect on Institution discipline;
(6)
The existence of unresolved out-of-State or federal detainers;
(7)
A report or recommendation made by the inmate's victim or victims, or a representative designated by the victim;
(8)
A report or recommendation made by the sentencing judge, the State's attorney, or a professional medical consultant; and
(9)
Other factors or information which the Board of Review may find relevant in assessing the risk to public safety which may be posed by placing the inmate on prerelease status.
B.
In making the determination required by §A(1) of this regulation, the Board of Review shall consider:
(1)
The inmate's prior criminal and juvenile record, and prior incarceration, parole, and probation records;
(2)
The inmate's past use of narcotics, other controlled dangerous substances, or alcohol;
(3)
The inmate's family status and family stability;
(4)
A recent assessment conducted by a mental health practitioner of the inmate's propensity toward violence;
(5)
A report or recommendation made by the Institution treatment or custody staff concerning the likelihood that the inmate will remain at liberty without violating local, State, or federal laws or the terms and conditions governing the inmate's prerelease status; and
(6)
The adequacy of the inmate's leave, school, or work release plan, which shall include information concerning employment plans, occupational skills, and job potential.
Regulation .04 Progress-in-Treatment Criteria.LinkCopy Citation
A.
In considering an inmate for prerelease status, the Board of Review shall consider the following progress-in-treatment criteria:
(1)
The inmate's overall progress in treatment;
(2)
The inmate's overall behavior and adjustment while incarcerated;
(3)
Whether prerelease status would assist in the inmate's remediation by enhancing the inmate's ability to lead a law-abiding life;
(4)
Whether the inmate has successfully functioned in a previous prerelease status; and
(5)
Other factors or information which the Board of Review considers relevant in assessing the inmate's progress in treatment.
B.
In making the determination required by §A(1) of this regulation, the Board of Review shall consider:
(1)
The reports or recommendations of the Institution treatment and custody staff;
(2)
The inmate's adjustment on level four;
(3)
Whether the inmate's treatment level history demonstrates progressive responsibility in moving from level one to level four;
(4)
The inmate's participation in Institution remediation and self-help programs;
(5)
Whether the inmate has demonstrated emotional maturity and insight into the inmate's problems, as assessed through the reports or recommendations of the Institution treatment and custody staff;
(6)
The inmate's ability and readiness to assume obligations and undertake responsibilities; and
(7)
The inmate's educational, vocational, and other training.
C.
In making the determination required by §A(2) of this regulation, the Board of Review shall consider the inmate's:
(1)
Institution disciplinary record; and
(2)
Current attitude towards discipline and other authority, as assessed through the reports or recommendations of Institution treatment and custody staff.
D.
Hearings.
(1)
The Board of Review shall conduct a hearing to determine the appropriateness of granting or revoking leave, work release, or school release. Hearings shall consider the recommendations of the inmate's treatment unit.
(2)
A record shall be maintained of the hearing that notes the:
(a)
Date;
(b)
Vote of the Board of Review; and
(c)
Outcome of the proceedings.
(3)
The Board of Review shall conduct hearings at the Institution according to a preestablished schedule.
E.
Procedure for Hearings.
(1)
A leave, work release, or school release hearing is an interview of the inmate by the Board of Review. Attendance is restricted to authorized Institution staff, except that other interested individuals, including victims, may attend with the approval of the Board of Review. The hearing is private and is held in an informal manner, allowing the opportunity to give free expression to an inmate's views and feelings relating to the case. Formal presentations by an attorney, relatives, victims, and other interested individuals are not permitted at the hearing. Attorneys, relatives, victims, and other interested individuals may submit information in writing for the Board of Review's consideration before the hearing.
(2)
Detailed reports shall be furnished by the inmate's treatment unit to assist the Board of Review in its deliberations.
(3)
The treatment unit assigned to the inmate shall attend all hearings concerning that inmate. The inmate's treatment unit shall be available to provide new information which may have developed since the date of the reports furnished to the Board of Review and to assist in answering questions concerning the inmate or Institution policy.
Regulation .05 Granting Leave, Work Release, and School Release.LinkCopy Citation
A.
Leave, work release, or school release may not be granted unless approved by the affirmative vote of a quorum of the Board of Review, as defined in COMAR 12.12.08.05A.
B.
Victim Comment, Victim Notification, and Police Notification.
(1)
The Board of Review shall give the inmate's victim a reasonable opportunity to comment in writing before the Board of Review decides whether to grant leave, work release, or school release to the inmate.
(2)
The victim may designate in writing to the Board of Review the name and address of a representative, who is a resident of the State, to receive notice for the victim that the inmate will be considered for leave, work release, or school release.
(3)
The Board of Review shall delete the victim's address and telephone number before examination of a document by the inmate or the inmate's representative.
(4)
If the victim cannot be located, the judge holding jurisdiction over the inmate's sentence may be contacted for comment.
(5)
The Board of Review shall notify the victim of its decision regarding leave, work release, or school release.
(6)
The Board of Review shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed when an inmate has been approved for leave, work release, or school release status.
C.
The Board of Review shall notify the inmate of its decision regarding placement on leave, work release, or school release.
D.
The Director shall ensure that a waiver of extradition form is completed by an inmate before authorizing an inmate for leave, work release, or school release.
E.
A member of the inmate's treatment unit shall ensure that the waiver of extradition form is filed in the inmate's base file.
F.
Leave and Release Requirements.
(1)
Before starting a leave, work release, or school release program, the inmate shall sign an agreement that affirms the inmate's understanding of the regulations governing it.
(2)
The inmate on leave, work release, or school release:
(a)
May not go outside the limits of the State without the written permission of the Board of Review;
(b)
May not commit an act which would be a violation of a federal law, State law, or municipal ordinance, and shall conform to all rules of conduct imposed by the Institution or an authorized representative of the Institution;
(c)
Shall report back to the Institution at the time specified on the pass, or wherever and whenever an authorized representative of the Institution directs;
(d)
May not own, possess, use, buy, sell, or have under the inmate's control a firearm or weapon of any description;
(e)
May not enter into a contract to engage in business, borrow money, enter into an installment contract, incur debt, or acquire ownership of a motor vehicle without first having obtained written permission from the Board of Review;
(f)
May not unlawfully possess, use, buy, sell, or have under the inmate's control a narcotic drug, controlled dangerous substance, or related paraphernalia;
(g)
Shall submit to any test or search that is prescribed by the Institution or its authorized representative to detect the usage of alcohol or controlled dangerous substances, or the possession of contraband;
(h)
May not engage in conduct that would pose a threat to public safety;
(i)
May not drink an intoxicating beverage;
(j)
Shall have a pass in the inmate's possession at all times while outside the confines of the Institution and notify the Institution in case of an emergency or to resolve questions of identity;
(k)
Shall request approval from the Board of Review to withdraw additional funds from the inmate's financial accounts for personal needs and to defray the cost of transportation to and from the Institution;
(l)
Shall deposit all wages in the Institution's business office on a weekly basis, unless otherwise specified, together with an attached voucher indicating the number of hours worked, hourly wages, deductions, and number of days worked; and
(m)
Shall strictly adhere to the times and geographical locations specified on the inmate's leave itinerary.
(3)
Work release or school release inmates shall use their time outside the Institution to work or attend school, both of which are regularly supervised by the Institution. An employer or school supervisor is requested to call the Institution if the inmate does not report as scheduled. In appropriate cases, inmates on work release or school release may be granted leave for other than work or school attendance.
(4)
An inmate on leave status may not use leave to engage in employment. This restriction does not prohibit the authorized search for employment in preparation for work release.
(5)
Unless otherwise indicated, a work release or school release inmate shall report to the community supervision clinic for supervision as scheduled.
Regulation .06 Housing of Inmates Granted Work Release or School Release Privileges.LinkCopy Citation
The Institution shall designate facilities for the housing of inmates granted work release or school release privileges.
Regulation .07 Monitoring and Supervision of Leave, Work Release, and School Release Participants.LinkCopy Citation
A.
A participant in the prerelease program shall be monitored and supervised in the community to assure the continued safety of the public.
B.
The Associate Director responsible for treatment services and the administrator of the reentry facility shall develop and implement a plan for community supervision of participants in the work release and school release programs. The plan shall be approved by the Director and include procedures for work or school site visits, home visits, and documentation and reporting of prerelease violations.
C.
The following are responsible for managing the community monitoring program and ensuring that the personnel performing the monitoring tasks meet the requirements of the plan developed in §B of this regulation:
(1)
For the leave program, the treatment unit chairman is the responsible manager; and
(2)
For the work release and school release programs, the administrator of the reentry facility is the responsible party.
D.
An inmate may appeal to the Board of Review a treatment unit's decision to deny a leave.
E.
An inmate who is successfully participating in the work release or school release program may be eligible for a leave of 1 day if the following conditions are met:
(1)
The inmate has the recommendation of the inmate's direct supervisor in the work release or school release program;
(2)
Leave regulations are met; and
(3)
The leave is approved by the Board of Review.
F.
An inmate released from confinement on leave, or for a work release or school release program, who commits a major violation under orrectional Services Article, §4-306(c), Annotated Code of Maryland, and COMAR 12.12.11.03 is subject to the penalties provided.
Regulation .08 Disposition of Earnings.LinkCopy Citation
A.
An inmate employed in the community under a work release or school release program shall surrender to the Institution the inmate's total earnings less payroll deductions required by law.
B.
The Institution shall deduct from the inmate's earnings, in the following order of priority, an amount determined to be the cost to the State of providing the following:
(1)
Food, lodging, and clothing for the inmate;
(2)
The actual and necessary cost of food, travel, and other expenses of the inmate when released from actual confinement under the program;
(3)
The amount which the inmate may be legally obligated to pay for the support of the inmate's dependents; and
(4)
The amount ordered to be paid by the court as restitution.
C.
A school release inmate receiving a stipend or other monies not subject to payroll deductions is not subject to room, board, clothing, and travel fees.
D.
Any balance remaining of an inmate's earnings after the deductions and payments set forth in this regulation shall be credited to the inmate's account and paid to the inmate when paroled.
E.
An inmate shall use, on a weekly basis, adequate funds from a work release or school release account to defray the cost of transportation, meals, and sundries according to a schedule approved by the Board of Review.
F.
Request for Additional Funds.
(1)
An inmate may request approval from the Board of Review to withdraw additional funds for personal needs from the inmate's work release or school release account.
(2)
An inmate shall be provided adequate funds from the inmate's work release or school release account to meet the inmate's needs, and to ensure that the inmate will have the financial means to return to the Institution. The Board of Review shall indicate the specific amount to be provided.
Chapter 29. Patuxent Institution Youth Program—Parole
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Adjudicated Federal Detainer.
(a)
“Adjudicated federal detainer” means a detainer based on an offense for which the inmate has been tried, convicted, sentenced, and committed to the custody of the United States Attorney General.
(b)
“Adjudicated federal detainer” does not mean a detainer based on an untried indictment, information, or complaint, or a detainer of federal parole or federal probation.
(2)
“Director” means the Director of Patuxent Institution or a designee.
(3)
“Inmate” means a Patuxent youth defined in COMAR 12.12.27.02B.
(4)
“Medical parole” means a parole granted to an inmate because of a diagnosed, serious medical condition.
(5)
“Parole” has the meaning stated in COMAR 12.12.27.02B.
(6)
“Secretary” means the Secretary of Public Safety and Correctional Services.
Regulation .02 General.LinkCopy Citation
A.
Parole, as defined in COMAR 12.12.08.05A, may not be recommended unless approved by the affirmative vote of a quorum of the Board of Review.
B.
The Board of Review has the exclusive power to recommend an inmate for parole to the Secretary or to the Governor.
C.
Date Crime was Committed.
(1)
The required approval for parole status depends on:
(a)
The date that the crime for which an inmate is incarcerated was committed; and
(b)
Whether an inmate is serving a life or nonlife sentence.
(2)
Inmates Serving Life Sentences. An inmate serving a life sentence may be paroled by the recommendation of the Board of Review and the approval of the Governor.
(3)
Inmates Serving Nonlife Sentences. An inmate serving a nonlife sentence may be paroled by the recommendation of the Board of Review and the approval of the Secretary.
D.
Victim Comment, Victim Notification, and Police Notification.
(1)
The Board of Review:
(a)
Shall give the inmate's victim a reasonable opportunity to comment in writing before the Board of Review decides whether to grant parole to the inmate;
(b)
Shall delete the victim's address and telephone number before examination of a document by the inmate or the inmate's representative;
(c)
Shall notify the victim of its decision regarding parole;
(d)
Shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed when an inmate is released on parole;
(e)
Shall notify the inmate of its decision regarding placement on parole;
(f)
Has the power to revoke, extend, or otherwise modify an inmate's parole;
(g)
Has the authority to return the paroled inmate to the Institution if the paroled inmate's progress in the community is considered to pose a risk to public safety or pose a risk to the paroled inmate; and
(h)
May impose special conditions on paroled inmates.
(2)
The victim may designate, in writing to the Board of Review, the name and address of a representative, who is a resident of the State, to receive notice for the victim that the inmate will be considered for parole.
(3)
If the victim cannot be located, the judge holding jurisdiction over the inmate's sentence may be contacted for comment.
Regulation .03 Length of Sentence and Time Served Criteria.LinkCopy Citation
A.
An inmate sentenced to life imprisonment is ineligible for parole consideration until the inmate has served 15 years or the equal of 15 years after considering allowances for diminution of the period of confinement provided by law when diminution of sentence credits are otherwise applicable to establish a mandatory supervision release date.
B.
An inmate sentenced to life imprisonment as a result of a proceeding under Criminal Law Article, §2-303, Annotated Code of Maryland, is not eligible for parole consideration until the inmate has served 25 years or the equal of 25 years after considering the allowances for diminution of the period of confinement provided by law when diminution of sentence credits are otherwise applicable to establish a mandatory supervision release date.
Regulation .04 Progress on Work Release or School Release.LinkCopy Citation
A.
When considering an inmate for parole, the Board of Review shall determine whether the inmate has performed successfully on work release or school release. Letters from employers, friends, family members, and others which describe the inmate's adjustment on work release or school release are forwarded to the Board of Review for parole consideration.
B.
In determining successful performance on work release or school release, the Board of Review shall consider an inmate's progress based upon the public safety criteria and progress-in-treatment criteria specified in COMAR 12.12.10.04 and .05.
C.
When making a determination concerning parole, the Board of Review shall also consider:
(1)
Whether the inmate has successfully participated in a substance abuse program while on work release or school release, if appropriate;
(2)
Whether the inmate has continued to demonstrate emotional maturity and insight as assessed through the reports and recommendations of Institution treatment and custody staff;
(3)
The inmate's ability and readiness to assume obligations and to undertake responsibilities to live in the community;
(4)
The inmate's community resources and the stability of the family that will assist the inmate to return to the community;
(5)
The inmate's physical health; and
(6)
Other factors or information which the Board of Review may find relevant to parole consideration.
Regulation .05 Medical Parole.LinkCopy Citation
A.
The following criteria are used when considering an inmate for medical parole:
(1)
The inmate is imminently terminal or has a condition which indicates that continued imprisonment would serve no useful purpose, for example, an irreversible coma; and
(2)
The inmate's release would not unduly jeopardize public safety.
B.
Contents of Medical Parole Request.
(1)
The Director shall ensure that all documents forming the basis for a medical parole request are submitted to the Board of Review.
(2)
When a quorum of the Board of Review recommends the inmate for a medical parole, the recommendation is submitted to the:
(a)
Secretary for consideration, if the inmate is serving a nonlife sentence; and
(b)
Secretary and the Governor, if the inmate is serving a life sentence.
(3)
To initiate consideration for a medical parole, the inmate's treatment unit shall send to the Director a summary of the inmate's incarceration record since admission that includes:
(a)
A history of program participation;
(b)
Special housing requirements;
(c)
The reasons for the recommendation;
(d)
An aftercare treatment plan for the inmate; and
(e)
A statement by the attending physician which includes:
(i)
Diagnosis,
(ii)
Prognosis,
(iii)
Inpatient or outpatient status, and
(iv)
Criteria justification.
(4)
The Board of Review may reject a recommendation for medical parole that has been submitted by the Director.
(5)
The Board of Review's decision to deny a medical parole is final.
Regulation .06 Parole to Adjudicated Federal Detainer.LinkCopy Citation
An inmate with an adjudicated federal detainer is subject to the same procedures and criteria to meet the detainer when being considered for parole as an inmate who does not have an adjudicated federal detainer.
Regulation .07 Granting of Parole.LinkCopy Citation
A.
Agreement.
(1)
Before starting a parole program, the inmate shall sign an agreement that affirms the inmate's understanding of the regulations governing parole set forth in this regulation. This agreement includes the conditions in §A(2) and (3) of this regulation.
(2)
General Conditions.
(a)
The parolee may not go outside the limits of the State without the written permission of the Board of Review.
(b)
The parolee shall promptly report to the Patuxent Institution, or wherever and whenever an authorized representative may direct.
(c)
The parolee may not commit an act which would be a violation of federal or State law, or local ordinance, and shall conform to rules of conduct imposed by the Patuxent Institution or an authorized representative.
(d)
The parolee shall make reasonable effort to be gainfully employed or otherwise occupied as directed by the Board of Review.
(e)
The parolee may not change place of residence or employment without first obtaining the permission of the Patuxent Institution or an authorized representative.
(f)
The parolee may not own, possess, use, sell, or have under control a firearm or weapon of any description, including a device which resembles and is used as a weapon.
(g)
The parolee may not enter into a contract to engage in business, borrow money, enter into an installment contract, incur a debt, or acquire ownership of a motor vehicle without first obtaining permission from the Board of Review.
(h)
The parolee may not unlawfully possess, use, buy, sell, or have under control a narcotic drug, controlled dangerous substance, or related paraphernalia.
(i)
A parolee, when seen, shall present proof, which shall be verified and documented, that the parolee is maintaining steady employment, attending substance abuse group meetings if appropriate, and living at a specified address.
(j)
A parolee shall give a random urine specimen as required by the parolee's supervisor.
(k)
A parolee shall discuss the problems or the progress that the parolee is having in the community and the types of relationships that the parolee may be establishing.
(l)
A parolee may be subject to a search for contraband by the parole supervisor during the parolee's visit.
(m)
A parolee shall cooperate with job checks and home visits conducted by the parole supervisor.
(n)
A parolee on an Interstate Corrections Compact Agreement or paroled to meet a detainer shall be monitored at least yearly by a designated employee of the Institution.
(o)
A parolee shall be employed or enrolled in school and have a legitimate means of financial support.
(p)
If unemployed or unemployable, the parolee shall have a legitimate means of financial support while on parole.
(q)
When paroled, an inmate shall receive all current funds in the inmate's active and reserve accounts which have been maintained at Patuxent Institution.
(r)
If paroled from work release, an inmate shall receive 100 percent of the inmate's work release account upon being paroled, less the deductions specified in COMAR 12.12.10.09B.
(s)
A parolee shall be counseled concerning the benefits of establishing savings accounts at financial institutions in the community.
(t)
A parolee who needs financial assistance shall be referred to appropriate community agencies and assisted in the application processes of the community agencies by a parole supervisor.
(3)
Special Conditions. Special conditions may be imposed by the Institutional Board of Review as appropriate.
B.
COMAR 12.12.10.06F(1)—(11) also applies to parolees.
C.
An inmate may not be released on parole until the order of parole is presented and acknowledged by the inmate's signature. An inmate shall be released on parole as soon as practical after a favorable decision, unless:
(1)
The Board of Review has specified a deferred release date;
(2)
The investigation of the community resources of the inmate to be paroled indicates that the parolee is:
(a)
Likely to be unemployed upon release, or
(b)
Without a satisfactory home plan; or
(3)
The parole plan has not been approved by the Board of Review as specified in Regulation .08 of this chapter.
D.
An inmate may not be released under the order for parole when the Director is made aware of a fact or circumstance after Board consideration of which the Board was unaware. Under this circumstance, the Board shall reconsider the decision to parole as soon as possible.
E.
The order of parole shall bear the signature of a member of the Board of Review, attested to by another Board member, and the official seal of the Board of Review.
F.
The Board of Review may, for the safety and welfare of the inmate on parole and for the safety of the public, impose reasonable special conditions to be complied with before release on parole.
G.
Parole is a privilege and not a right, and may be revoked under COMAR 12.12.08.05A.
Regulation .08 Parole Release Plan.LinkCopy Citation
A.
A parole release plan shall be completed and submitted before the parole hearing.
B.
Elements in a parole release plan include, but are not limited to, the following:
(1)
The name of the parolee's employer or evidence of other legitimate means of financial support;
(2)
The location at which the parolee will reside; and
(3)
The nature of community services necessary to meet the special needs of the parolee.
C.
Modification of Parole Release Plan.
(1)
An inmate's parole release plan previously approved by the Board of Review may only be changed by the Board of Review.
(2)
The Board of Review may, with good cause, modify the conditions of an inmate's parole.
(3)
In case of modification, the parolee shall be given the opportunity to show cause why a condition should not be modified.
(4)
The parolee may request a hearing before the Board of Review to discuss the modification.
Regulation .09 Monitoring and Supervision of Parolees.LinkCopy Citation
A.
A parolee shall be seen by an assigned parole supervisor or designee for parole supervision in accordance with the terms of parole established by the Board of Review. Each contact with a parolee shall be documented by the supervisor or the designee. Contact includes both scheduled and unscheduled meetings and may take place in the field, home, place of employment, or other location.
B.
Schedule of Meetings.
(1)
The Board of Review shall establish a schedule of required supervisory meetings between a parolee and the parolee's supervisor and make adherence to that schedule a written condition of parole.
(2)
A first-year parolee shall meet with the parole supervisor a minimum of once a week.
(3)
A second-year parolee shall meet with the parole supervisor a minimum of once every 2 weeks.
(4)
A third-year parolee shall meet with the parole supervisor a minimum of once a month.
C.
A recommendation by a treatment unit for a change in a parolee's supervision shall be presented to the Board of Review for final approval.
D.
The parolee shall be seen at a Board-approved designated location in the State.
E.
The supervisor or designee shall prepare a written report of each scheduled or unscheduled contact with a parolee, including unkept appointments, and make that report a part of the parolee's official record.
Chapter 30. Inmate Discipline
Repealed — See COMAR 12.03.01