Title 12 — Subtitle 14. Commission on Correctional Standards

In this subtitle, the following terms have the meanings indicated.

Terms Defined.

Adherence to minimum standards for adult detention centers, adult community correctional facilities, and adult correctional institutions shall be determined by auditing procedures approved by the Commission and published in a standards manual.

Audit teams consisting of selected and trained individuals employed in the field of criminal justice at the local and State levels shall be used in conjunction with staff of the Maryland Commission on Correctional Standards. These teams shall be led by a Commission staff member.

Audits of adult correctional institutions, adult detention centers, and adult community correctional facilities shall be conducted at least every 3 years and shall be announced.

Audits shall be arranged to allow for the timely, complete, and accurate submission by the managing official of required documents to the Commission office.

The Executive Director shall distribute to the managing official at least 60 days before the scheduled on-site visit the materials necessary for audit preparation.

The managing official shall forward to the Commission office the materials in §B of this regulation at least 30 days before the on-site visit for consideration by the Commission staff and other authorized inspectors.

The Executive Director shall designate audit team composition, assign individual regulations to be evaluated by team members, and arrange for the prompt dissemination of appropriate documentation and related information to the authorized inspectors for their review.

The specific dates of the on-site visit shall be determined by the Executive Director in concert with the managing official and shall take into consideration the availability of authorized inspectors.

The audit team shall meet with the managing official and designated facility personnel, upon arrival, to hold an entrance interview for the purpose of providing a tentative schedule of audit activities, explaining the inspection process, and answering questions.

The audit team shall perform a complete tour of the facility and grounds to observe the state of cleanliness and repair, and assess the totality of conditions.

The audit team shall hold discussions with facility staff and inmates according to established guidelines during the course of the on-site visit to determine their perspective regarding standards-related matters.

The audit team members shall review documentation presented to substantiate compliance with those regulations assigned to them.

The audit team leader shall review and discuss the preliminary compliance decisions with each team member to confirm the findings.

The audit team shall meet with the managing official and designated facility personnel to hold an exit conference for the purpose of summarizing the audit results.

The audit team leader shall review and discuss the audit results with the Executive Director before formalization of the findings.

The audit team leader shall issue a report to the managing official for review and comment within 30 days of completion of the audit.

The Executive Director shall submit the final report and compliance plan to the Commission for consideration and approval within 60 days of completion of the audit.

The Executive Director shall disseminate the final report and compliance plan to the specified distribution within 15 days of the Commission's approval.

The Commission staff shall routinely monitor the approved compliance plan.

The managing official shall submit a written request to the Commission for modification of the compliance deadlines, when initial plans for corrective action cannot be met, for formal consideration at the next regularly scheduled Commission meeting.

If approved, the Commission shall issue a revised plan for corrective action.

If disapproved, the Commission may conduct a hearing according to established procedures to determine whether certain facility functions, operations, or practices should be limited or discontinued, the facility closed, or other appropriate actions taken.

The Executive Director shall recommend to the Commission, at a regularly scheduled meeting, the presentation of the recognition of achievement award to a facility which has attained total compliance within 1 year of the approval of the compliance plan.

For a facility which does not achieve 100 percent compliance within 1 year, Commission staff shall continue to monitor the correction of noted deficiencies until the next scheduled audit.

Nonapplicability. A standard is not applicable to the operation of an adult place of confinement if sufficient material elements of the standard make the application clearly not relevant. Audit team members shall determine nonapplicability during the audit process.

Variance. If a standard which applies to the operation of an adult place of confinement is determined to be in noncompliance, but the managing official feels the plan of corrective action inappropriate to facility management, a request for variance shall be made in writing to the Commission for consideration at the next regularly scheduled meeting.

Upon detection or identification of a life-threatening or health-endangering practice or condition as determined by the audit team leader, the Executive Director or designee may give verbal notice to the managing official to immediately cease a practice or condition or may order the facility closed. Written notice shall be forwarded within 24 hours by the person giving the notice or order to the managing official with copies to the executive authority of the jurisdiction, the Secretary, and the Commission Chairman.

Within 96 hours of the verbal notice of order, the Commission shall convene a hearing, according to established procedures, for the purpose of reviewing and confirming or countermanding the order.

A written policy, governing the use of physical force, which includes a provision for written reports of all instances of use of force, and which shall include but is not limited to the following:

A written policy, governing the use of deadly force to prevent escape or manage an immediate danger to life situation, which shall include provisions for formal investigation of all instances of use of deadly force and submission of written reports for supervisory review;

Written emergency plans for riots, disturbances, hostage taking, escapes, bomb threats, adverse employee job actions, and other such circumstances which include provisions for:

A written policy and procedure ensuring that all personnel directly or indirectly involved are informed of pertinent aspects of the emergency security plans;

A written policy and procedure governing the availability, control, accountability, storage, and use of firearms, ammunition, chemical agents, organic agents, restraining devices, communication apparatus, riot equipment, and other security-related equipment which includes provisions for:

A written policy and procedure ensuring that authorized personnel are trained and qualified in the use, safety, and care of firearms, chemical agents, and other security-related equipment;

A written policy which prohibits an inmate from supervising, controlling, and exerting or assuming authority over other inmates;

A written policy and procedure providing for the supervision of inmates which includes provisions for:

A written post order, acknowledged by appropriate personnel, at each security position;

A written policy and procedure governing the search of the facility, vehicles, inmates, visitors, and staff which includes provisions for:

A written policy and procedure governing the availability, control, storage, and use of facility keys which includes provisions for:

A written policy and procedure governing the availability, control, storage, and use of tools which includes provisions for:

A written policy and procedure governing the transportation of an inmate outside the facility which includes provisions for:

A written policy and procedure governing the admission of a newly received inmate to an initial reception facility which includes provisions for:

A written policy and procedure governing the release of an inmate which includes provisions for:

A written policy and procedure governing the placement, removal, supervision, and rights of an inmate assigned to administrative segregation, disciplinary detention, medical isolation, and protective custody status which includes provisions for:

Providing living quarters for male and female inmates which are separate and distinct to ensure privacy.

A written policy and procedure ensuring that a facility meets all fire safety regulations as verified by an annual inspection by authorized representatives of the State Fire Marshal;

A written policy and procedure requiring facility personnel with documented training in fire safety practices to perform monthly internal inspections to monitor compliance with fire safety and prevention regulations;

Written disaster plans for fires, chemical spills, civil defense, natural disasters, power outage, and other circumstances which include provisions for:

A written policy and procedure ensuring that all personnel are informed of the disaster plans;

A written policy and procedure ensuring 24-hour emergency medical services including provisions for:

A written policy and procedure specifying the method for requesting weekly access to sick call and the provisions for prompt staff referral of special medical problems to appropriate health care professionals, which is communicated to personnel having direct contact with inmates;

A written policy and procedure which provides that medical screening of an inmate is conducted by health-trained or qualified health care personnel within 24 hours of admission to an initial reception facility;

A written policy and procedure for the dispensing of prescribed medication which includes provisions for:

A written policy and procedure for the administration of prescription and over-the-counter medication which includes provisions for:

A written policy and procedure governing the availability, control, storage, and management of prescription, stock, and over-the-counter medication which includes provisions for:

A written policy and procedure governing the availability, control, storage, and use of needles, syringes, and instruments which includes provisions for:

A written policy prohibiting the use of an inmate for medical, pharmaceutical, or cosmetic experiments, that does not preclude the individual treatment of an inmate based on need for a specific medical procedure which is not generally available;

A written policy and procedure ensuring that health care personnel who provide services to inmates have current credentials, certifications, or licenses according to State requirements;

A written policy specifying that matters of medical, psychiatric, and dental judgment are:

A written policy and procedure requiring a physical examination of an inmate by qualified health care personnel within 14 days of admission at the initial reception facility;

A written policy and procedure ensuring that inmate medical records are screened by qualified health care personnel before or within 7 days after release to determine if a medical condition exists which would require referral to community medical resources;

A written policy and procedure ensuring that the facility meets workplace safety and health standards, and ensuring the remediation of deficiencies identified by inspections conducted periodically by the Maryland Occupational Safety and Health Administration (MOSHA);

A written policy and procedure governing the identification, housing, treatment, supervision, and referral of mentally ill and retarded inmates according to established guidelines to include due process guarantees;

A written policy and procedure governing the notification of next of kin in cases of serious illness, serious injury, or death.

A written policy and procedure providing for a menu approved annually by a registered dietitian;

A written policy and procedure ensuring that three meals a day are served with not more than a 14-hour interval between the evening meal and breakfast;

A written policy and procedure ensuring that the food service operation is currently licensed and meets State sanitation and health regulations as verified by inspection as required by the health department;

A written policy and procedure ensuring that those involved in the preparation and handling of food comply with the health department regulations regarding personal hygiene and clothing;

A written policy and procedure ensuring that staff and inmates involved in the preparation and handling of food receive medical screening by qualified health care professionals before assignment, and annually after that;

A written policy and procedure authorizing special diets as prescribed by qualified health care personnel and as necessary to adhere to the mandatory requirements of recognized faiths;

A written policy which prohibits the use of food as punishment or reward;

A written policy and procedure ensuring that personnel continuously supervise the food service operation;

A written policy and procedure requiring weekly sanitation inspections of food preparation, food storage, food service, and dining areas;

A written policy and procedure governing the availability, control, storage, and use of kitchen utensils, which includes provisions for:

The managing official of a correctional facility shall have a written policy and procedure:

The managing official shall ensure that the facility provides sufficient toilet, shower, and bathing accommodations to maintain basic health and personal hygiene.

A written policy stating that an inmate is not discriminated against with regard to programs, services, or activities on the basis of race, religion, national origin, sex, handicap, or political beliefs;

A written policy which establishes inmate protection from physical and mental abuse and harassment by personnel that includes a zero tolerance for sexual abuse and sexual harassment providing for:

A written policy and procedure regarding inmate legal matters, which includes provisions for:

A written policy and procedure which permits an inmate to practice a religion of choice subject only to the restrictions necessary to maintain facility order and security;

A written policy and procedure governing the handling of inmate correspondence and packages, including provisions for postage allowance to an indigent inmate;

A written policy and procedure governing inmate orientation which includes provisions for informing staff having direct contact with inmates and inmates within 7 days of admission, including instructions regarding:

A written policy which ensures the right of a convicted inmate to decline to participate in activities, services, and programs with the exception of work assignments, adult basic education programs, or programs specifically mandated by statute, ordered by the sentencing court, or based upon written agreement;

A written policy which ensures the right of a pretrial inmate to decline to participate in facility programming and work assignments, other than housekeeping;

A written policy and procedure providing the facilities, equipment, personnel, and opportunity for regular exercise which specifies the circumstances, frequency, schedule, and length of exercise periods;

A written policy and procedure providing for a formal internal complaint system about which those having direct contact with inmates are informed;

A written policy which ensures the right of an inmate to exercise freedom in personal grooming and appearance subject only to facility requirements essential to safety, security, identification, and hygiene;

A written policy and procedure permitting an inmate reasonable contact with the communications media;

A written policy and procedure which prohibits a juvenile from being detained in or committed to an adult correctional facility unless legal jurisdiction has been waived to the adult authorities or the juvenile is formally charged with having committed an exclusionary offense;

A written policy and procedure governing visitation which specifies the circumstances, frequency, schedule, and length of the visitation period;

A written policy and procedure governing inmate access to telephones which specifies the circumstances, frequency, schedule, and length of calls.

A written policy and procedure establishing a classification process to determine housing, job, and other assignments, and which include provisions for:

A written policy and procedure ensuring that individuals involved in classification decision making are informed of the classification process.

A written policy and procedure governing a formal disciplinary hearing by an impartial individual or committee of individuals not directly involved in the incident, which include provisions for:

A written policy and procedure ensuring that individuals having direct contact with inmates are informed of the facility rules and regulations and disciplinary procedures.

A written policy and procedure ensuring the confidentiality of, and methods of access to, a case record by an inmate, person in interest, and an individual or agency making a formal request, and which includes provisions for:

A written policy and procedure providing for the accurate computation and recording of good conduct, industrial, and special projects credit in accordance with applicable statutes;

A written policy and procedure governing the management of inmate funds, and which includes provisions for:

A written policy and procedure providing for the recorded annual review of policies, procedures, post orders, inmate orientation materials, operating manuals, and other official publications to determine current application and utility;

A written policy and procedure requiring a complete case record for each inmate, which includes provisions for:

Having a written policy and procedures for ensuring compliance with Correctional Training Commission employee background checks; and

Having a written policy and procedures for ensuring compliance with Correctional Training Commission training requirements.

The managing official shall have a written policy:

The managing official shall have a written policy and procedure:

The managing official shall provide living quarters for male and female inmates which are separate and ensure privacy.

The managing official shall have written emergency plans for riots, disturbances, hostage-taking, escapes, bomb threats, adverse employee job actions, and other such circumstances, which include provisions for:

The managing official shall have a written post order, acknowledged by appropriate personnel, at every security position.

The managing official shall have a written policy and procedure:

The managing official shall have written disaster plans for fires, chemical spills, civil defense, natural disasters, power outages, and other circumstances, which include provisions for:

The managing official shall have a written policy prohibiting the use of an inmate for medical, pharmaceutical, or cosmetic experiments. This does not preclude the individual treatment of a consenting inmate based on the need for a specified medical procedure which is not generally available.

The managing official shall have a written policy specifying that matters of medical, psychiatric, and dental judgement are the province of qualified health care personnel and are not subject to interference by facility personnel unless necessary to maintain order and security.

The managing official shall provide for a written policy and procedure requiring a physical examination of an inmate by qualified health care personnel within 14 days of admission to the initial reception facility.

The managing official shall have a written policy and procedure:

The managing official shall provide for a written policy and procedure authorizing special diets as prescribed by qualified health care personnel and as necessary to adhere to the mandatory requirements of recognized faiths.

The managing official shall have a written policy which prohibits the use of food as punishment or reward.

The managing official shall have a written policy and procedure:

The managing official shall ensure that the facility provides sufficient toilet, shower, and bathing accommodations to maintain basic health and personal hygiene.

The managing official shall have a written policy which:

The managing official shall have a written policy and procedure:

Establishing a classification process to determine housing, job, and other assignments, which includes provisions for:

Ensuring that individuals involved in classification decision making are informed of the classification process.

Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for:

Ensuring that an individual having direct contact with inmates is informed of the facility rules, regulations, and disciplinary procedures.

Ensuring the confidentiality and methods of access to a case record by an inmate, a person in interest, and an individual or agency making a formal request, which includes provisions for:

Which provides for the accurate computation and recording of good conduct, industrial, and special projects credit in accordance with applicable statutes and regulations;

Governing the management of inmate funds, which includes provisions for:

Providing for the recorded annual review of policies, procedures, post orders, inmate orientation materials, operating manuals, and other official publications to determine current application and utility;

Requiring a complete case record for each inmate, which includes provisions for:

To ensure compliance with Correctional Training Commission employee background checks; and

To ensure compliance with Correctional Training Commission training requirements.

The managing official shall have a written policy:

The managing official shall have written emergency plans for riots, disturbances, hostage-taking, escapes, bomb threats, adverse employee job actions, and other circumstances, which include provisions for:

The managing official shall have a written policy and procedure:

The managing official shall provide living quarters for male and female inmates which are separate and ensure privacy.

The managing official shall have a written policy and procedure:

The managing official shall have written disaster plans for fires, chemical spills, civil defense, natural disasters, power outages, and other circumstances, which include provisions for:

The managing official shall have a written policy prohibiting the use of an inmate for medical, pharmaceutical, or cosmetic experiments. This does not preclude the individual treatment of a consenting inmate based on the need for a specified medical procedure which is not generally available.

The managing official shall have a written policy specifying that matters of medical, psychiatric, and dental judgement are:

The managing official shall have a written policy and procedure:

The managing official shall provide for a written policy and procedure authorizing special diets as prescribed by qualified health care personnel and as necessary to adhere to the mandatory requirements of recognized faiths.

The managing official shall have a written policy which prohibits the use of food as punishment or reward.

The managing official shall have a written policy and procedure:

The managing official shall ensure that the facility provides sufficient toilet, shower, and bathing accommodations to maintain basic health and personal hygiene.

The managing official shall have a written policy which:

The managing official shall have a written policy and procedure:

The managing official shall provide for a written policy which ensures the right of an inmate to exercise freedom in personal grooming and appearance, subject only to facility requirements essential to safety, security, identification, and hygiene.

Establishing a classification process to determine housing, job, and other assignments, which includes provisions for:

Ensuring that individuals involved in classification decision making are informed of the classification process.

Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for:

Ensuring that an individual having direct contact with inmates is informed of the facility rules, regulations, and disciplinary procedures.

Ensuring the confidentiality and methods of access to a case record by an inmate, a person in interest, and an individual or agency making a formal request, which includes provisions for:

Which provides for the accurate computation and recording of good conduct, industrial, and special project credits in accordance with applicable statutes and regulations;

Governing the management of inmate funds, which includes provisions for:

Providing for the recorded annual review of policies, procedures, post orders, inmate orientation materials, operating manuals, and other official publications to determine current application and utility; and

Requiring a complete case record for each inmate, which includes provisions for:

To ensure compliance with Correctional Training Commission employee background checks; and

To ensure compliance with Correctional Training Commission training requirements.

The governing authority shall be a party to all proceedings concerning the closure or cessation of operations of an adult place of confinement.

The Commission may admit as a party any person, agency, or other entity which has submitted a written request to be a party, and the rights of which may be substantially affected by the outcome of the proceedings before the Commission.

All hearings shall be conducted by a majority of the members of the Commission, except that the Commission, upon a finding that a majority is not available to conduct a hearing in a timely fashion, may direct that less than a majority of the Commission conduct a hearing.

The Chairman or the Chairman's designee shall be the presiding officer at hearings.

The presiding officer shall, in consultation with other members of the Commission, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.

With the exception of notice of hearings conducted under Correctional Services Article, §8-115, Annotated Code of Maryland, the Chairman shall send written notice of hearings to all parties at least 10 calendar days before the date of the hearings. Written notice of hearings conducted under Correctional Services Article, §8-115, Annotated Code of Maryland, shall be provided to all parties at least 72 hours before the time of the hearings.

All notices of hearings shall state the:

Each party shall have the right, on every genuine issue to:

The Commission may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The Commission shall give effect to the rules of privilege recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

All evidence, including records and documents in the possession of the Commission, of which it desires to avail itself, shall be offered and made a part of the record in the case, and other factual information or evidence may not be considered in the determination of the case.

The Commission may take notice of judicially cognizable facts and general, technical, or scientific facts within its specialized knowledge. All parties shall be notified either before or during the hearing of facts which the Commission takes notice, and shall be afforded an opportunity to contest the facts so noticed.

The Commission may use the experience, technical competence, and specialized knowledge of its members in the evaluation of the evidence presented at hearings.

All testimony taken by the presiding officer shall be under oath. The oath shall be in the following form: “Do you solemnly promise and affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the presiding officer shall be the truth, the whole truth, and nothing but the truth?”

The Commission shall maintain a record in each case which shall include:

Oral proceedings shall be recorded by tape recorder or stenographer. A transcript of all or part of the oral proceedings shall be prepared upon the request of, and the advance payment of cost by, any party.

Upon request, or upon his or her own motion, the presiding officer may allow or require the submission of memoranda or briefs on the issues of fact and law involved in the case.

Memoranda or briefs shall be filed in the form, with the number of copies, and at the time directed by the presiding officer.

The final decision shall be stated in the record by the presiding officer, and shall be issued in writing after that and promptly forwarded to each party or to the party's attorney.

The final decision shall include findings of fact and conclusions of law, separately stated.

If the Secretary of Public Safety and Correctional Services is to render the final decision in a case pursuant to the Secretary's authority under Correctional Services Article, §2-113, Annotated Code of Maryland, or if a majority of the Commission members who are to render the final decision have not heard the evidence, the following procedure shall be followed:

Request for Reconsideration.

If reconsideration is granted, the decision maker shall issue an order providing for reconsideration and staying the decision being reconsidered.

The decision maker may conduct a hearing in accordance with the provisions of this chapter for the purpose of receiving further evidence or argument upon the matters being reconsidered.

After reconsideration, the decision maker shall issue an order affirming, modifying, or rescinding the original decision, and shall immediately forward a copy of the order to each party or the party's attorney.

Request for Stay.

A request for a stay may not extend the time for filing an appeal.

The decision maker may hold a hearing on a request for a stay or may rule upon the request without a hearing.

The decision maker shall issue an order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or the party's attorney.