In this subtitle, the following terms have the meanings indicated. Terms Defined. “Administration of medications” means the act of giving a single dose of a prescribed or over-the-counter drug to an inmate according to established guidelines. “Administrative segregation” means a form of physical separation of an inmate from the general population determined by the classification process or authorized personnel when the continued presence of an inmate in the general population would pose a serious threat to: Life; Property; Self; Staff or other inmates; The security or orderly functioning of the facility; or The well-being of society. “Adult community correctional facility” means a community-based program operated by local government, State government, or a private corporation under contract with a jurisdiction providing a group residence and special treatment services for sentenced and unsentenced inmates. “Adult correctional institution” means the Patuxent Institution or a facility operated by the Division of Correction for the confinement of sentenced inmates. “Adult detention center” means a facility operated by State or local government for the detention of an inmate pending adjudication and for the confinement of sentenced inmates, except for the Patuxent Institution or a facility operated by the Division of Correction. “Adult place of confinement” means a State, local, or private adult community correctional facility, adult correctional institution, or adult detention center. “Adverse job action” means a disruption to the normal operation of an institution by concerted action or inaction of facility employees. “Annual” means an action or activity performed each calendar year at intervals of 12 months. “Appeal” means a formal request for review of an action or decision by a higher authority. “Applicable statute” means approved legislation or formal regulation which governs a particular activity, operation, or function. “Approved standards” means those specifications in the following areas that apply to State adult correctional facilities and that may be adopted, in whole or in part, for use by a local adult correctional facility: Administration; Counseling; Education and vocational training; Inmate property control; Inmate work programs; Library services; Mail and visiting; Management; Personnel; Physical plant; Planning and coordination; Reception and orientation; Recreational activities; Release preparation; Religious services; Research and evaluation; Rules and discipline; Special management inmates; Training; and Volunteers. “Audit” means an inspection of an adult place of correctional confinement by the Commission on Correctional Standards. “Audit team” means Commission staff and other duly authorized inspectors. “Authorized personnel” means an employee of the facility or agency empowered by the managing official to carry out designated tasks, duties, responsibilities, or functions. “Authorized representative of the State Fire Marshal” means an employee of a local fire agency who has been empowered to fulfill the duties and perform the functions of the Office of the State Fire Marshal in that jurisdiction. “Body cavity search” means a procedure performed by qualified health care personnel by which internal cavities of the body including anal, vaginal, oral, nasal, and aural areas are physically examined either manually or by instrument to check for the presence of contraband. “Case records” means information concerning an inmate's personal, criminal, and medical history, behavior, and activities while incarcerated, which may include, but is not limited to: Classification actions; Commitment papers; Court orders; Detainers; Disciplinary reports and hearings results; Fingerprints; Miscellaneous correspondence; Personal property receipts; Photographs; Program activity reports; Progress notes; Record of complaints; Release of information consent forms; Visitor's list; and Work assignments. “Caustic material” means a substance capable of corroding, dissolving, or destroying by chemical action or reaction. “Certification” means a written document indicating that an individual or agency has complied with the formal requirements of an authorizing organization, body, or association which permits the individual or agency to perform specified activities. “Chairman” means the Chairman of the Commission on Correctional Standards. “Chemical agent” means an active substance used to deter activities that might cause personal injury or property damage. “Classification” means a formal, comprehensive, and continuing process by which an inmate is assessed for risk and needs, and assigned to programs and services, a level of security, and degree of supervision in relation to existing resources. “Commission” means the Maryland Commission on Correctional Standards. “Compliance criteria” means those elements that auditors require to determine compliance. “Compliance explanation” means an interpretation of the compliance criteria to assist in understanding the intent of the standards and methods of meeting them. “Contraband” means an item, material, or substance that is not authorized by the managing official. “Controlled substance” means a medication that requires a written prescription listing the prescribing physician's or dentist's Drug Enforcement Administration registration number. “Deadly force” means the force that a trained and authorized professional employee uses with the purpose of causing, or which the authorized professional employee knows will create, a substantial risk of death or serious bodily harm. “Disciplinary detention” means a form of physical separation in which an inmate found guilty at a disciplinary hearing is confined apart from the general population for a designated period of time. “Disciplinary hearing” means an impartial, nonjudicial, administrative procedure to determine if substantial evidence exists to find an inmate guilty of a rule violation. “Dispensing medication” means the act of preparing a prescription drug by the issuance of one or more doses from a stock or bulk container by authorized health care personnel. “Disturbance” means a situation which disrupts the normal operational order of an institution, and for which the assistance of additional off-duty staff may be required. “Duly authorized inspector” means an individual designated to perform an audit under the authority of the Secretary. “Emergency” means a situation occurring within a facility or its property requiring the deployment of resources to save lives, protect public safety and property, ensure the proper level of security, or avert or lessen the severity of the situation. “Emergency communications system” means equipment which may be used to contact on short notice local and State law enforcement, a rescue or safety agency, and facility personnel to respond to a crisis situation. “Emergency medical services” means care for an acute illness, serious injury, or other unexpected health care need that cannot be delayed, and which is provided by qualified health care personnel, a local ambulance service, or a hospital emergency room or health care clinic. “Escape” means unauthorized departure of an inmate from a place of lawful confinement or custody. “Evacuation” means to move inmates, staff, and visitors from a threatened area of hazard to a safe, secure location. “Exclusionary offense” means: An act alleged to have been committed or committed by a child 14 years old or older which, if committed by an adult, would be a crime punishable by death or life imprisonment; or A robbery or attempted robbery with a dangerous or deadly weapon. “Executive Director” means the Executive Director of the Commission. “Exercise” means a scheduled out-of-cell or out-of-room activity, including individual or team sports, and indoor or outdoor opportunities. “Facility perimeter” means the outer portion of a correctional facility and grounds that provides the secure confinement of inmates. “Formal internal complaint system” means the method by which an inmate may address a grievance to the appropriate authority regarding circumstances or actions considered to be unjust. “General population” means inmates assigned to a custody status absent restrictions with respect to programs, services, and opportunities. “Governing authority” means: The Commissioner of Correction with reference to adult places of confinement under the jurisdiction of the Division of Correction; A county sheriff with reference to adult places of confinement under the jurisdiction of the sheriff; or The highest executive authority having jurisdiction over any other State or local adult place of confinement. “Health trained” means correctional personnel who have been instructed to carry out specific duties with regard to the performance of certain health care functions. “Indigent” means an inmate with limited funds and insufficient resources necessary to provide for basic needs. “Initial reception facility” means a correctional facility where an inmate is first admitted for processing from police custody, a court lockup, or other holding facility. “Inmate” means an individual in pretrial, unsentenced, or sentenced status who is lawfully confined in a correctional facility. “Inspection” means the observation or examination of an item to assess its condition and utility. “Inventory” means a detailed listing used to determine the presence of certain items during a specified period of time. “Juvenile” means an individual under the age of majority who has not been adjudicated as an adult or who has not committed an exclusionary offense. “Legal mail” means correspondence between an inmate and: The courts; Legal counsel; and Other judicial, legislative, and executive authorities specifically designated as privileged. “Managing official” means the individual responsible for the administration and operation of a correctional facility. “Mandatory standards” means those rules in the following areas that apply to State and local adult correctional facilities: Administrative record keeping; Classification; Food services; Hearings; Inmate rights; Inmate safety; and Security and inmate control. “Medical isolation” means the physical housing of an inmate apart from the general population based on a medical judgement or diagnostic decision rendered by qualified health care personnel. “Medical screening” means a system of structured observation and formal health assessment by qualified health care personnel or a trained individual to identify an individual who poses a health or safety threat to himself or herself, or to others. “Menstrual hygiene products” has the meaning stated in Correctional Services Article, §§4-214 and 9-616, Annotated Code of Maryland. “Person in interest” means an individual who is the subject of a record or a representative designated by the person in interest. Personal Hygiene Article. “Personal hygiene article” means an item used by an individual to clean the individual’s body or clothing, and to preserve sanitary conditions, as well as overall health. “Personal hygiene article” includes, but is not limited to deodorant, shaving items for males, shampoo, soap, tooth brush, and tooth paste. “Physical examination” means a thorough evaluation of a patient's current physical condition and medical history by authorized health care personnel. “Physical force” means the minimal amount of physical contact used by trained and authorized correctional personnel to control an individual's behavior and enforce or restore order. “Policy” means a statement of guiding principles approved by the appropriate authority which determines the general direction of present or future decisions and actions of correctional facility personnel toward the attainment of stated goals and objectives. “Post orders” means a list of general job functions, duties, tasks, and responsibilities required of each duty position. “Procedure” means the detailed and sequential set of steps or actions to ensure the implementation of approved policy. “Protective custody” means a form of separation from the general population for an inmate requesting or requiring protection from others, or for reasons of health or safety. “Protocol” means a written order that specifies the steps to be taken in appraising an individual's physical status. “Qualified health care personnel” means a physician, dentist, psychiatrist, psychologist, nurse, physician's assistant, nurse practitioner, pharmacist, and other professional individual licensed, registered, or certified according to State requirements. “Records retention schedule” means an official document listing and describing all of the records of a facility or agency, and providing authorization for the destruction of those records that are not essential to the facility's or agency's operation after the lapse of a stated period of time, and for permanent maintenance of those records considered to be of enduring value. “Responding agencies and organizations” means a body which is identified in the emergency plans as potentially involved in or responsible for the implementation of a portion of these plans. “Secretary” means the Secretary of Public Safety and Correctional Services. “Security round” means a tour, check, or other action in which correctional personnel walk through the facility, particularly inmate living and activity areas, to observe inmate behavior, monitor security and safety equipment, conduct informal searches, and note irregularities or unusual circumstances. “Sick call” means the medical care provided an inmate who: Has expressed a need for nonemergency medical attention through an established request system; and Is evaluated and treated in a clinical setting. “Standard” means an instrument to measure comparison for quantitative or qualitative value according to established guidelines as stated in COMAR 12.14. “Standing order” means a written medical instruction that specifies the same course of treatment for each individual suspected of having a given condition. “Strip search” means an observation of an inmate's unclothed body to determine the presence of contraband. “Toxic material” means a substance that directly or through chemical reaction or mixture can produce possible injury or harm to the body through the skin, digestive tract, or respiratory tract. “Trained personnel” means an individual receiving required information for which documentation can be produced. “Training” means the formal process by which staff are made aware or informed of essential duties and responsibilities. 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. If the managing official disagrees with a compliance decision, the managing official may submit an appeal in writing to the Executive Director before formal consideration of the final report and compliance plan. If the Executive Director confirms the audit team finding, the managing official may present a written appeal to the Commission for the Commission's consideration at the next regularly scheduled meeting. To the extent possible in the budget, the Commission staff shall provide technical assistance to facilities in noncompliance with standards. Assistance shall be provided directly and by referral to other resources. 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. The Secretary may, at the Secretary's discretion, exercise any of the powers of the Commission pursuant to Correctional Services Article, §2-113, Annotated Code of Maryland. Correctional Services Article, §§4-214 and 9-616 and Title 8, Subtitle 1, Annotated Code of Maryland Effective date: April 26, 1982 (9:8 Md. R. 823) Regulations .06—.08 adopted effective January 2, 1983 (9:26 Md. R. 2573) Regulations .01—.08 repealed and new Regulations .01—.10 adopted effective November 25, 1991 (18:23 Md. R. 2488) Regulation .01 repealed and new Regulation .01 adopted effective December 4, 1995 (22:24 Md. R. 1900) Regulation .01B amended effective November 18, 2019 (46:23 Md. R. 1066) Regulation .02C amended effective October 4, 2010 (37:20 Md. R. 1394) Effective date: April 26, 1982 (9:8 Md. R. 823) Chapter repealed effective September 24, 1984 (11:19 Md. R. 1667) The managing official of a correctional facility is responsible for the following: 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: Instances of justifiable self-defense; Protection of others; Protection of property; and Prevention of escape; 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: Documented coordination with appropriate responding agencies and organizations; Specific description of staff duties and responsibilities, including record keeping of all significant activities; The placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable; Availability and use of an emergency communications system in urgent, special, or unusual conditions; Designation of an appropriate location to serve as an operations center during the emergency; and Specification of the requirements to ensure command and control of the situation; 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: Secure storage outside inmate living and activity areas; A current master listing; Monthly inspection and inventory to determine condition, accountability, and operational status; Specification of persons authorized access and use; Designation of circumstances for use; and A record of issue and inspection upon return; 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: One recorded count per shift; Security rounds on each shift of inmate living and activity areas recorded by the observing facility personnel; Monitoring of a minimum security inmate in the community to verify whereabouts; Drug and alcohol testing of an inmate; Secure and orderly movement of an inmate; and Weekly recorded inspection by security personnel of locks, bars, windows, doors, and the facility perimeter; 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 personnel search according to established policies; A semiannual recorded search of inmate living and program and activity areas; A recorded search of an inmate involved in community activities; Searches of other inmates; A recorded search of a vehicle which enters the facility perimeter; A search of a visitor performed in accordance with established policies; Protection of inmate property; A receipt to be given to an inmate whose personal property is confiscated and identified as returnable; Chain of custody and the preservation of evidence according to established policies; Inspection of body cavities to be conducted in private by qualified health care personnel when there is a reasonable belief that the inmate possesses contraband of a life-threatening or health-endangering nature; A visual search of an inmate to be performed in private by facility personnel of the same sex; and Informing security personnel of the search regulations; A written policy and procedure governing the availability, control, storage, and use of facility keys which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection to determine condition; Daily inventory to ensure accountability; Specification of persons authorized access and use; A record of issue and return; A duplicate key for each lock; Designation of emergency and restricted keys; and A current master listing; A written policy and procedure governing the availability, control, storage, and use of tools which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection to determine condition; Daily inventory to ensure accountability; Specification of persons authorized to use; A record of issue and return; and A current master listing; A written policy and procedure governing the transportation of an inmate outside the facility which includes provisions for: Current weapons qualification and required motor vehicle licensure of a person authorized to transport; Designation of circumstances for use of firearms, chemical agents, and restraining equipment; Protection of inmates, staff, public, and property; and Appropriate response in the event of accident; A written policy and procedure governing the admission of a newly received inmate to an initial reception facility which includes provisions for: Verification of legal commitment; Search of an inmate in accordance with applicable case law; A system of positive identification of an inmate; Collection of personal data; and Documentation of opportunity to make initial telephone calls; A written policy and procedure governing the release of an inmate which includes provisions for: Verification of identity; Authentication of authorization to discharge; and Notification to affected agencies and persons as required by law or regulation; 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: Identification of persons authorized to place and remove an inmate from special confinement; Designation of circumstances and conditions warranting assignment and release; Specification of time frames, method, and persons authorized to review status; Access to services, programs, and activities consistent with the inmate's status; and Maintenance of supervision records of specified activities and occurrences; Providing living quarters for male and female inmates which are separate and distinct to ensure privacy. The managing official of a correctional facility is responsible for the following: 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: Documented coordination with appropriate responding agencies and organizations; Specific description of staff duties and responsibilities; Full, partial and medical evacuation addressing: The handling of injured persons; Security considerations; Instructions for responding emergency personnel and vehicles; and Movement of affected persons to safe areas; The placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable; Quarterly fire drills on each shift to include inmates, unless their inclusion compromises security; A written evacuation plan that conforms to federal, State, and local fire safety codes; and An annual review that includes: Building interior diagram or floor plan; Marked exits; Directional symbols; and Locations of posted evacuation diagrams; 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: Access to health care facilities and qualified health care personnel; Designation of first aid kit content and location, approved by qualified health care personnel, and monthly inventories to determine supply; and A person with current certification in basic first aid and cardiopulmonary resuscitation (CPR) available to inmate living and activity areas on each shift; 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: Prescription initiation by authorized persons; Designation of the method for the filling of prescription orders; and Specification of the system of packaging and labelling of prescription medication; A written policy and procedure for the administration of prescription and over-the-counter medication which includes provisions for: Standing orders or protocol approved by the physician in charge; Instruction of nonmedical personnel on the proper method of administration by qualified health care personnel; A record of the administration and refusal of medications; and Designation of circumstances for inmate self-administration; A written policy and procedure governing the availability, control, storage, and management of prescription, stock, and over-the-counter medication which includes provisions for: Secure storage of facility medication; Specification of individuals having access; Recorded disposal of unused and expired medications; A weekly inventory of controlled substances; Handling of personal medication of a newly admitted inmate; and Handling of personal and facility-prescribed medication for an inmate transferred or released; A written policy and procedure governing the availability, control, storage, and use of needles, syringes, and instruments which includes provisions for: Secure storage outside inmate living and activity areas; Specification of individuals having access and use; Quarterly inspection to determine condition; Weekly inventory to determine accountability; Disposal of needles and syringes according to established regulations; Maintenance of a record of use of needles and syringes; and A current master listing of medical and dental instruments; 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: The province of qualified health care personnel; and Not subject to interference by facility personnel unless necessary to maintain order and security; 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. The managing official of a correctional facility is responsible for the following: 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: Secure storage outside inmate living areas, Daily inventory to ensure accountability, Quarterly inspection to determine condition, A record of issue and return, Specification of individuals authorized access and use, and A current master listing. The managing official of a correctional facility shall have a written policy and procedure: Governing the availability, control, storage, and use of flammable, toxic, and caustic materials which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection and inventory to determine condition and accountability; Specification of persons authorized access and use; and A record of issue and disposal; Requiring weekly sanitation inspections of internal and external facility areas; Governing facility housekeeping, which includes provisions for: Specific description of staff and inmate duties and responsibilities; Quarterly vermin and pest control services; Weekly trash removal; A secure paper or plastic receptacle for daily disposal of soiled menstrual hygiene products; and Weekly removal of paper or plastic receptacles containing soiled menstrual hygiene products; Governing the availability of personal hygiene articles, which includes provisions for: The issue of no cost personal hygiene articles to an inmate at the time of admission to a facility; The issue of no cost personal hygiene articles to an indigent inmate; The issue of no cost menstrual hygiene products to a female inmate at the time of admission to a facility, on a routine basis, and upon request; Routine commissary access for the purchase of personal hygiene articles; and A record of inventory for menstrual hygiene products; Providing for a record of the issue and return of clothing to an inmate unless personal clothing is allowed; Providing for a record of the issue and return to an inmate of mattresses, pillows, sheets, pillow cases, towels, wash cloths, and blankets; Providing for weekly laundering and accountability of issued and personal clothing and linens; and Providing for the management of inmate personal property, which includes provisions for: Designation of property limitations; A listing of all property confiscated; The signature of inmate and personnel upon confiscation and return; A semiannual inventory of property retained by the facility; Replacement of damaged or lost items; Recorded disposition of property abandoned by an inmate; and Recorded modifications to an established listing. 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 of a correctional facility is responsible for the following: 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: Facility response; Access to medical health care; and Access to mental health counseling and support; A written policy and procedure regarding inmate legal matters, which includes provisions for: Access to the courts; Availability of legal reference materials; Handling of legal mail; Confidential visits with legal counsel and their authorized representatives; and Use of the telephone for legal purposes; 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: Disaster plan responses; Classification process; Rules, regulations, and disciplinary procedures; Complaint process; Search practices; Access to case record procedures; Programs and services regulated by standards; and Access to sick call procedures; 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. The managing official of a correctional facility is responsible for the following: A written policy and procedure establishing a classification process to determine housing, job, and other assignments, and which include provisions for: Designation of persons involved in decision making, Criteria for decision making, Initial inmate classification within 1 week of admission, and annual reclassification, A record of decisions, and Review of all decisions by the managing official or designee; A written policy and procedure ensuring that individuals involved in classification decision making are informed of the classification process. The managing official of a correctional facility is responsible for the following: 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: Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction; Inmate appearance at the disciplinary hearing: Within 9 days, excluding holidays and weekends, of the alleged infraction; and Not less than 24 hours after notification of charges, unless waived by the inmate; The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence; A record of hearing decisions and rationale; Review by the managing official or designee of hearing decisions adverse to the inmate; An appeal process; and A report of all hearing decisions to the managing official or designee; and A written policy and procedure ensuring that individuals having direct contact with inmates are informed of the facility rules and regulations and disciplinary procedures. The managing official of a correctional facility is responsible for the following: 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: Identification of persons authorized to approve access; Specific designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations; A release of information consent form; A record of access decisions; and An appeal process for those who are denied access; 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: Confiscation and receipting of monies upon admission, unless retention is otherwise authorized; Establishment of an inmate account; A record of financial transactions, including transfer to other facilities; and Recorded return of funds upon release; 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: Secure storage outside inmate living and activity areas; Specification of file content and order; A date and signature on all documents and entries; Establishment of a records retention schedule with documentation of disposition; and Transfer of pertinent records to other correctional facilities; 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. Correctional Services Article, §§4-214 and 9-616 and Title 8, Subtitle 1, Annotated Code of Maryland Effective date: April 26, 1982 (9:8 Md. R. 823) Regulation .02A—E, H amended effective February 27, 1984 (11:4 Md. R. 315); July 29, 1985 (12:15 Md. R. 1521) Regulation .02 amended effective February 10, 1986 (13:3 Md. R. 272) Regulations .01 and .02 repealed and new Regulations .01—.09 adopted effective November 25, 1991 (18:23 Md. R. 2488) Regulation .01 repealed effective December 4, 1995 (22:24 Md. R. 1900) Regulation .02E, J amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .03C amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .03Q amended effective September 29, 2003 (30:19 Md. R. 1334) Regulation .05 repealed and new Regulation .05 adopted effective November 18, 2019 (46:23 Md. R. 1066) Regulation .06B amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .08A amended effective October 29, 2001 (28:21 Md. R. 1857) Regulation .09 amended effective April 1, 2017 (43:26 Md. R. 1447) The managing official shall have a written policy: Governing the use of physical force, and which shall include a provision for written reports of all instances of the use of physical force, and also shall include, but not be limited to: Instances of justifiable self-defense; Protection of others; Protection of property; and Prevention of escape; Governing the use of deadly force to prevent escape or manage an immediate danger to life situation, and which shall include provisions for formal investigation of all instances of the use of deadly force and submission of written reports for supervisory review; and Which prohibits an inmate from supervising, controlling, and exerting or assuming authority over other inmates. The managing official shall have a written policy and procedure: Ensuring that all personnel, directly or indirectly involved, are informed of pertinent aspects of emergency security plans; 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: Secure storage outside inmate living and activity areas; A current master listing; Monthly inspection and inventory to determine condition, accountability, and operational status; Specification of persons authorized access and use; Designation of circumstances for use; and A record of issue and inspection upon return; Ensuring that authorized personnel are trained and qualified in the use, safety, and care of firearms, chemical agents, and other security-related equipment; Providing for the supervision of inmates, which includes provisions for: One recorded count per shift; A security round or rounds on each shift of inmate living areas recorded by the observing facility personnel; Monitoring of an inmate in the community to verify the inmate's whereabouts; Drug and alcohol testing of an inmate; Secure and orderly movement of an inmate; and Weekly recorded inspection by security personnel of locks, bars, windows, doors, and the facility perimeter; Governing the search of the facility, vendors, vehicles, inmates, visitors, and staff, which includes provisions for: A personnel search according to established policies; A semiannual recorded search of inmate living and program and activity areas; A recorded search of an inmate involved in community activities; Searches of other inmates; A recorded search of a vehicle which enters a secured perimeter; A search of a visitor performed in accordance with established policies; Protection of inmate property; A receipt to be given to an inmate whose personal property is confiscated and identified as returnable; Chain of custody and the preservation of evidence according to established policies; Inspection of body cavities to be conducted in private by qualified health care personnel when there is a reasonable belief that the inmate possesses contraband of a life-threatening or health-endangering nature; A strip search of an inmate to be performed in private by facility personnel of the same sex; and Instruction of security personnel in search regulations; Governing the availability, control, storage, and use of facility keys, which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection to determine condition; Daily inventory to ensure accountability; Specification of those individuals authorized access and use; A record of issue and return; A duplicate key for each lock; Designation of emergency and restricted keys; and A current master listing; Governing the availability, control, storage, and use of tools, which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection to determine condition; Daily inventory to ensure accountability; Specification of individuals authorized to use the tools; A record of issue and return; and A current master listing; Governing the transportation of an inmate outside the facility, which includes provisions for: Current weapons qualification and required motor vehicle licensure of an individual authorized to transport; Designation of circumstances which warrant the use of firearms, chemical agents, and restraining equipment; Protection of inmates, staff, the public, and property; and Appropriate response in the event of an accident; Governing the admission of a newly received inmate to an initial reception facility, which includes provisions for: Verification of legal commitment; Search of an inmate in accordance with applicable case law; A system of positive identification of an inmate; and Collection of personal data; Governing the release of an inmate, which includes provisions for: Verification of identity; Authentication of authorization to discharge the inmate; and Notification to affected agencies and individuals as required by law or regulation; and 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: Identification of individuals authorized to place an inmate in and remove an inmate from special confinement; Designation of circumstances and conditions warranting assignment and release; Specification of time frames, methods, and those individuals authorized to review status; Access to services, programs, and activities consistent with the inmate's status; and Maintenance of supervision records of specified activities and occurrences. 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: Documented coordination with appropriate responding agencies and organizations; Specific description of staff duties and responsibilities, including record keeping of all significant activities; Placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable; Availability and use of an emergency communications system in urgent, special, or unusual conditions; Designation of an appropriate location to serve as an operations center during the emergency; and Specification of the requirements to ensure command and control of the situation. 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: Ensuring that the facility meets all fire safety regulations as verified by an annual inspection by authorized representatives of the State Fire Marshal; Requiring facility personnel with documented training in fire safety practices to perform monthly internal inspections to monitor compliance with fire safety and prevention regulations; Ensuring that all personnel are informed of the disaster plans in §B of this regulation; Ensuring 24-hour emergency medical services, including provisions for: Access to health care facilities and qualified health care personnel; Designation of first-aid kit content and location, approval by qualified health care personnel, and monthly inventories to determine supply; and An individual with current certification in basic first aid and cardiopulmonary resuscitation in inmate living and activity areas during each shift; Which shall be communicated to personnel having direct contact with inmates, 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 states that medical screening of an inmate be conducted by health trained or qualified health care personnel within 24 hours of the inmate's admission to an initial reception facility; For the dispensing of prescribed medication, which includes provisions for: Prescription initiation by authorized individuals; Designation of the method for the filling of prescription orders; and Specification of the system of packaging and labelling of prescription medication; For the administration of prescription and over-the-counter medication, which includes provisions for: Standing orders or protocol approved by the physician in charge; Instruction of nonmedical personnel on the proper method of administration of medication by qualified health care personnel; A record of the administration and refusal of medications; and Designation of circumstances warranting inmate self-administration; Governing the availability, control, storage, and management of prescription, stock, and over-the-counter medication, which includes provisions for: Secure storage outside inmate living and activity areas; Specification of individuals having access and use; Recorded disposal of unused and expired medications; A weekly inventory of controlled substances; Handling of personal medication of a newly admitted inmate; and Handling of personal medication and facility-prescribed medication for an inmate transferred or released; Governing the availability, control, storage, and use of needles, syringes, and instruments, which includes provisions for: Secure storage outside inmate living and activity areas; Specification of individuals having access and use; Quarterly inspection to determine condition; Weekly inventory to determine accountability; Disposal of needles and syringes according to established regulations; Maintenance of a record of the use of needles and syringes; and A current master listing of medical and dental instruments; Ensuring that health care personnel who provide services to inmates have current credentials, certifications, or licenses required by the State; Providing for the routine health examination of inmates according to established guidelines; 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; 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; Governing the identification, housing, treatment, supervision, and referral of a mentally ill inmate, which includes provisions for: Access to qualified mental health professionals; Identification of community resources available to assist; Specification of the process of evaluation and referral; Designation of the method for referral to community resources according to established guidelines; Development of comprehensive plans for treatment and care; Maintenance of supervision records of specified activities and occurrences; and Identification of separate and distinct living quarters; and Governing the notification of next of kin in cases of serious illness, serious injury, or death of an inmate and, in case of the death of an inmate, positive identification is to be made before notification. 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: Documented coordination with appropriate responding agencies and organizations; Specific description of staff duties and responsibilities; Full, partial, and medical evacuation addressing: The handling of injured individuals; Security considerations; Instructions for responding emergency personnel and vehicles; and Movement of affected individuals to safe areas; The placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable; Quarterly fire drills during each shift which include inmates, unless their inclusion compromises security; A written evacuation plan that conforms to federal, State, and local fire safety codes; and An annual review that includes: Building interior diagram or floor plan; Marked exits; Directional symbols; and Locations of posted evacuation diagrams. 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: Requiring that a menu be approved annually by a registered dietitian; Ensuring that three meals a day are served, with not more than a 14-hour interval between the evening meal and breakfast; Ensuring that the food service operation is currently licensed and meets State sanitation and health regulations and that this is verified by inspection as required by the health department; Ensuring that an individual involved in the preparation and handling of food complies with health department regulations regarding personal hygiene and clothing; Ensuring that staff and inmates involved in the preparation and handling of food receive medical screenings by qualified health care professionals before assignment, and annually after that; Ensuring that personnel continuously supervise the food service operation; Requiring weekly sanitation inspections of food preparation, food storage, food service, and dining areas; and Governing the availability, control, storage, and use of kitchen utensils, which includes provisions for: Secure storage outside inmate living and activity areas, Daily inventory to ensure accountability, Quarterly inspection to determine condition, A record of issue and return, Specification of individuals authorized access and use, and A current master listing. 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: Governing the availability, control, storage, and use of flammable, toxic, and caustic materials, which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection and inventory to determine condition and accountability; Specification of individuals authorized access and use; and A record of issue and disposal; Requiring weekly sanitation inspections of internal and external facility areas; Governing facility housekeeping, which includes provisions for: Specific description of staff and inmate duties and responsibilities; Quarterly vermin and pest control services; Weekly trash removal; A secure paper or plastic receptacle for daily disposal of soiled menstrual hygiene products; and Weekly removal of paper or plastic receptacles containing soiled menstrual hygiene products; Governing the availability and distribution of personal hygiene articles, which includes provisions for: The issue of no-cost personal hygiene articles to an inmate at the time of admission to a facility; The issue of no-cost personal hygiene articles to an indigent inmate; The issue of no-cost menstrual hygiene products to a female inmate at the time of admission to a facility, on a routine basis, and upon request; Routine commissary access for the purchase of personal hygiene articles; and A record of inventory for menstrual hygiene products; Providing for a record of the issue and return of clothing to an inmate, unless personal clothing is allowed; Providing for a record of the issue and return to an inmate of mattresses, pillows, sheets, pillow cases, towels, wash cloths, and blankets; Providing for weekly laundering and accountability of issued and personal clothing and linens; Providing for the management of inmate personal property, which includes provisions for: Designation of property limitations; A listing of all property confiscated; The signature of inmate and personnel upon confiscation and return; A semiannual inventory of property retained by the facility; Replacement of damaged or lost items; Recorded disposition of property abandoned by an inmate; and Recorded modifications to the established listing. 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: States 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; 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: Facility response; Access to medical health care; and Access to mental health counseling and support; 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; and 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. The managing official shall have a written policy and procedure: Regarding inmate legal matters, which includes provisions for: Access to the courts; Availability of legal reference materials; Handling of legal mail; Confidential visits with legal counsel and their authorized representatives; and Use of the telephone for legal purposes; Which permits an inmate to practice a religion of choice, subject only to the restrictions necessary to maintain facility order and security; Governing the handling of inmate correspondence and packages, including provisions for postage allowance for an indigent inmate; Governing inmate orientation, which includes provisions for orientating inmates within 7 days of admission, and staff having direct contact with inmates, and with the inmate orientation including instructions regarding: Emergency plans response; Classification process; Rules, regulations, and disciplinary procedures; Complaint process; Search practices; Access to case record procedures; Programs and services regulated by standards; and Access to sick call procedures; Providing the facilities, equipment, personnel, and opportunity for regular exercise which specifies the circumstances, frequency, schedule, and length of exercise periods; Providing for a formal internal complaint system and ensuring that personnel having direct contact with inmates are informed; Permitting an inmate reasonable contact with the media; Governing visitation which specifies the circumstances, frequency, schedule, and length of the visitation period; and Governing inmate access to telephones which specifies the circumstances, frequency, schedule, and length of calls. 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: Initial inmate classification within 45 days of admission and reclassification according to established guidelines, Designation of individuals involved in decision making, Criteria for decision making, Inmate appearance during classification actions and conditions under which an inmate may initiate a status review, Routine assessment of security and program needs, A record of decisions and rationale, Review of all recommendations and decisions by the managing official or designee, and An appeal process; and Ensuring that individuals involved in classification decision making are informed of the classification process. The managing official shall have a written policy and procedure: Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for: Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction; Inmate appearance at the disciplinary hearing: Within 9 days, excluding holidays and weekends, of the alleged infraction; and Not less than 24 hours after notification of charges, unless waived by the inmate; The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence; A record of hearing decisions and rationale; Review by the managing official or designee of hearing decisions adverse to the inmate; An appeal process; and A report of all hearing decisions to the managing official or designee; and Ensuring that an individual having direct contact with inmates is informed of the facility rules, regulations, and disciplinary procedures. The managing official shall have a written policy and procedure: 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: Identification of individuals authorized to approve access; Specific designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations; A release of information consent form; A record of access decisions; and An appeal process for those individuals who are denied access; 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: Confiscation and receipting of monies upon admission, unless retention is otherwise authorized; Establishment of an inmate account; A record of financial transactions, including transfer to other facilities; and Recorded return of funds upon release; 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: Secure storage outside inmate living and activity areas; Specification of file content and order; A date and signature on all documents and entries; Establishment of a records retention schedule with documentation of disposition; and Transfer of pertinent records to other correctional facilities; To ensure compliance with Correctional Training Commission employee background checks; and To ensure compliance with Correctional Training Commission training requirements. Correctional Services Article, §§4-214 and 9-616 and Title 8, Subtitle 1, Annotated Code of Maryland Effective date: April 26, 1982 (9:8 Md. R. 823) Regulation .02 amended effective February 27, 1984 (11:4 Md. R. 315); July 29, 1985 (12:15 Md. R. 1521); February 10, 1986 (13:3 Md. R. 272) Regulations .01 and .02 repealed and new Regulations .01—.08 adopted effective December 4, 1995 (22:24 Md. R. 1900) Regulation .01B amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .02A amended effective September 29, 2003 (30:19 Md. R. 1334) Regulation .02B amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .04A amended effective November 18, 2019 (46:23 Md. R. 1066) Regulation .05A amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .07A amended effective October 29, 2001 (28:21 Md. R. 1857) Regulation .08E amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .08F, G adopted effective April 1, 2017 (43:26 Md. R. 1447) The managing official shall have a written policy: Governing the use of physical force, with the policy including a provision for written reports of all instances of the use of physical force, and which also includes, but is not limited to: Instances of justifiable self-defense; Protection of others; Protection of property; and Prevention of escape; and Which prohibits an inmate from supervising, controlling, and exerting or assuming authority over other inmates. 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: Documented coordination with appropriate responding agencies and organizations; Specific description of staff duties and responsibilities, including record keeping of all significant activities; Placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable; Availability and use of an emergency communications system in urgent, special, or unusual conditions; Designation of an appropriate location to serve as an operations center during the emergency; and Specification of the requirements to ensure command and control of the situation. The managing official shall have a written policy and procedure: Ensuring that all personnel, directly or indirectly involved, are informed of pertinent aspects of emergency security plans; 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: Secure storage outside inmate living and activity areas; A current master listing; Monthly inspection and inventory to determine condition, accountability, and operational status; Specification of those individuals authorized access and use; Designation of circumstances for use; and A record of issue and inspection upon return; Ensuring that authorized personnel are trained and qualified in the use, safety, and care of firearms, chemical agents, and other security related equipment; Providing for the supervision of inmates, which includes provisions for: One recorded count per shift; A security round or rounds on each shift of inmate living areas recorded by the observing facility personnel; Monitoring of an inmate in the community to verify the inmate's whereabouts; Drug and alcohol testing of an inmate; Secure and orderly movement of an inmate; and Weekly recorded inspection by security personnel of locks, bars, windows, doors, and the facility perimeter; Governing the search of the facility, vendors, vehicles, inmates, visitors, and staff, which includes provisions for: A personnel search according to established policies; A semiannual search of inmate living and program and activity areas; A recorded search of an inmate involved in community activities; Searches of other inmates; A recorded search of a vehicle which enters a secured perimeter; A search of a visitor performed in accordance with established policies; Protection of inmate property; A receipt to be given to an inmate whose personal property is confiscated and identified as returnable; Chain of custody and the preservation of evidence according to established policies; Inspection of body cavities to be conducted in private by qualified health care personnel when there is a reasonable belief that the inmate possesses contraband of a life-threatening or health-endangering nature; A strip search of an inmate to be performed in private by facility personnel of the same sex; and Instruction of security personnel in search regulations; Governing the availability, control, storage, and use of facility keys, which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection to determine condition; Daily inventory to ensure accountability; Specification of persons authorized access and use; A record of issue and return; A duplicate key for each lock; Designation of emergency and restricted keys; and A current master listing; Governing the availability, control, storage, and use of tools, which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection to determine condition; Daily inventory to ensure accountability; Specification of those individuals authorized to use these items; A record of issue and return; and A current master listing; Governing the transportation of an inmate outside the facility, which includes provisions for: Current weapons qualification and required motor vehicle licensure of an individual authorized to transport; Designation of circumstances which warrant the use of firearms, chemical agents, and restraining equipment; Protection of inmates, staff, the public, and property; and Appropriate response in the event of an accident; Governing the admission of a newly received inmate to an initial reception facility, which includes provisions for: Verification of legal commitment; Search of an inmate in accordance with applicable case law; A system of positive identification of an inmate; and Collection of personal data; and Governing the release of an inmate, which includes provisions for: Verification of identity; Authentication of authorization to discharge the inmate; and Notification to affected agencies and individuals as required by law or regulation. 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: Ensuring that the facility meets all fire safety regulations as verified by an annual inspection by authorized representatives of the State Fire Marshal; Requiring facility personnel with documented training in fire safety practices to perform monthly internal inspections to monitor compliance with fire safety and prevention regulations; Ensuring that all personnel are informed of the disaster plans in §B of this regulation; Ensuring 24-hour emergency medical services, which includes provisions for: Access to health care facilities and qualified health care personnel; Designation of first-aid kit content and location, approval by qualified health care personnel, and monthly inventories to determine supply; and An individual with current certification in basic first aid and cardiopulmonary resuscitation in inmate living and activity areas during each shift; Which shall be communicated to personnel having direct contact with inmates, 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 states that medical screening of an inmate be conducted by health trained or qualified health care personnel within 24 hours of an inmate's admission to an initial reception facility; For the dispensing of prescribed medication, which includes provisions for: Prescription initiation by authorized individuals; Designation of the method for the filling of prescription orders; and Specification of the system of packaging and labelling of prescription medication; For the administration of prescription and over-the-counter medication, which includes provisions for: Standing orders or protocol approved by the physician in charge; Instruction of nonmedical personnel on the proper method of administration of medication by qualified health care personnel; A record of the administration and refusal of medications; and Designation of circumstances warranting inmate self-administration; Governing the availability, control, storage, and management of prescription, stock, and over-the-counter medication, which includes provisions for: Secure storage outside inmate living and activity areas; Specification of individuals having access and use; Recorded disposal of unused and expired medications; A weekly inventory of controlled substances; Handling of personal medication of a newly admitted inmate; and Handling of personal medication and facility prescribed medication for an inmate transferred or released; Governing the availability, control, storage, and use of needles, syringes, and instruments, which includes provisions for: Secure storage outside inmate living and activity areas; Specification of individuals having access and use; Quarterly inspection to determine condition; Weekly inventory to determine accountability; Disposal of needles and syringes according to established regulations; Maintenance of a record of the use of needles and syringes; and A current master listing of medical and dental instruments; Ensuring that health care personnel who provide services to inmates have current credentials, certifications, or licenses required by the State; Requiring a physical examination of an inmate by qualified health care personnel within 14 days of admission to the initial reception facility; 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; 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; and Governing the notification of next of kin in cases of serious illness, serious injury, or death of an inmate and, in the case of the death of an inmate, positive identification is to be made before notification. 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: Documented coordination with appropriate responding agencies and organizations; Specific description of staff duties and responsibilities; Full, partial, and medical evacuation addressing: The handling of injured individuals; Security considerations; Instructions for responding emergency personnel and vehicles; and Movement of affected individuals to safe areas; The placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable; Quarterly fire drills during each shift which include inmates, unless their inclusion compromises security; A written evacuation plan that conforms to federal, State, and local fire safety codes; and An annual review that includes: Building interior diagram or floor plan; Marked exits; Directional symbols; and Locations of posted evacuation diagrams. 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 Not subject to interference by facility personnel unless necessary to maintain order and security. The managing official shall have a written policy and procedure: Requiring that a menu be approved annually by a registered dietitian; Ensuring that three meals a day are served, with not more than a 14-hour interval between the evening meal and breakfast; Ensuring that the food service operation is currently licensed and meets State sanitation and health regulations, with this being verified by inspection as required by the health department; Ensuring that an individual involved in the preparation and handling of food complies with health department regulations regarding personal hygiene and clothing; 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; Ensuring that personnel continuously supervise the food service operation; Requiring weekly sanitation inspections of food preparation, food storage, food service, and dining areas; and Governing the availability, control, storage, and use of kitchen utensils, which includes provisions for: Secure storage outside inmate living and activity areas, Daily inventory to ensure accountability, Quarterly inspection to determine condition, A record of issue and return, Specification of individuals authorized access and use, and A current master listing. 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: Governing the availability, control, storage, and use of flammable, toxic, and caustic materials, which includes provisions for: Secure storage outside inmate living and activity areas; Quarterly inspection and inventory to determine condition and accountability; Specification of individuals authorized access and use; and A record of issue and disposal; Requiring weekly sanitation inspections of internal and external facility areas; Governing facility housekeeping, which includes provisions for: Specific description of staff and inmate duties and responsibilities; Quarterly vermin and pest control services; Weekly trash removal; A secure paper or plastic receptacle for daily disposal of soiled menstrual hygiene products; and Weekly removal of paper or plastic receptacles containing soiled menstrual hygiene products; Governing the availability and distribution of personal hygiene articles, which includes provisions for: The issue of no-cost personal hygiene articles to an inmate at the time of admission to a facility; The issue of no-cost personal hygiene articles to an indigent inmate; The issue of no-cost menstrual hygiene products to a female inmate at the time of admission to a facility, on a routine basis, and upon request; Routine commissary access for the purchase of personal hygiene articles; and A record of inventory for menstrual hygiene products; Providing for a record of the issue and return of clothing to an inmate, unless personal clothing is allowed; Providing for a record of the issue and return to an inmate of mattresses, pillows, sheets, pillow cases, towels, wash cloths, and blankets; Providing for weekly laundering and accountability of issued and personal clothing and linens; and Providing for the management of inmate personal property, which includes provisions for: Designation of property limitations; A listing of all property confiscated; The signature of inmate and personnel upon confiscation and return; A semiannual inventory of property retained by the facility; Replacement of damaged or lost items; Recorded disposition of property abandoned by an inmate; and Recorded modifications to the established listing. 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: States 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; 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: Facility response; Access to medical health care; and Access to mental health counseling and support; and 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. The managing official shall have a written policy and procedure: Regarding inmate legal matters, which includes provisions for: Access to the courts; Availability of legal reference materials; Handling of legal mail; Confidential visits with legal counsel and their authorized representatives; and Use of the telephone for legal purposes; Which permits an inmate to practice a religion of choice, subject only to the restrictions necessary to maintain facility order and security; Governing the handling of inmate correspondence and packages, including provisions for postage allowance for an indigent inmate; Governing inmate orientation, which includes provisions for orientating inmates within 7 days of admission, and staff having direct contact with inmates, and with this inmate orientation including instructions regarding: Emergency plans response; Classification process; Rules, regulations, and disciplinary procedures; Complaint process; Search practices; Access to case record procedures; Programs and services regulated by standards; and Access to sick call procedures; Providing the facilities, equipment, personnel, and opportunity for regular exercise which specifies the circumstances, frequency, schedule, and length of exercise periods; Providing for a formal internal complaint system and ensuring that personnel having direct contact with inmates are informed; Permitting an inmate reasonable contact with the media; Governing visitation which specifies the circumstances, frequency, schedule, and length of the visitation period; and Governing inmate access to telephones which specifies the circumstances, frequency, schedule, and length of calls. 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. 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: Initial inmate classification within 45 days of admission and reclassification according to established guidelines, Designation of individuals involved in decision making, Criteria for decision making, Inmate appearance during classification actions and conditions under which an inmate may initiate a status review, Routine assessment of security and program needs, A record of decisions and rationale, Review of all recommendations and decisions by the managing official or designee, and An appeal process; and Ensuring that individuals involved in classification decision making are informed of the classification process. The managing official shall have a written policy and procedure: Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for: Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction; Inmate appearance at the disciplinary hearing: Within 9 days, excluding holidays and weekends, of the alleged infraction; and Not less than 24 hours after notification of charges, unless waived by the inmate; The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence; A record of hearing decisions and rationale; Review by the managing official or designee of hearing decisions adverse to the inmate; An appeal process; and A report of all hearing decisions to the managing official or designee; and Ensuring that an individual having direct contact with inmates is informed of the facility rules, regulations, and disciplinary procedures. The managing official shall have a written policy and procedure: 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: Identification of individuals authorized to approve access; Specific designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations; A release of information consent form; A record of access decisions; and An appeal process for those individuals who are denied access; 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: Confiscation and receipting of monies upon admission, unless retention is otherwise authorized; Establishment of an inmate account; A record of financial transactions, including transfer to other facilities; and Recorded return of funds upon release; 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: Secure storage outside inmate living and activity areas; Specification of file content and order; A date and signature on all documents and entries; Establishment of a records retention schedule with documentation of disposition; and Transfer of pertinent records to other correctional facilities; To ensure compliance with Correctional Training Commission employee background checks; and To ensure compliance with Correctional Training Commission training requirements. Correctional Services Article, §§4-214 and 9-616 and Title 8, Subtitle 1, Annotated Code of Maryland Effective date: April 26, 1982 (9:8 Md. R. 823) Regulation .02 amended effective February 27, 1984 (11:4 Md. R. 315); July 29, 1985 (12:15 Md. R. 1521); February 10, 1986 (13:3 Md. 272) Regulations .01 and .02 repealed and new Regulations .01—.08 adopted effective December 4, 1995 (22:24 Md. R. 1900) Regulation .01C amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .02A amended effective September 29, 2003 (30:19 Md. R. 1334) Regulation .02B amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .04A amended effective November 18, 2019 (46:23 Md. R. 1066) Regulation .05A amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .07A amended effective October 29, 2001 (28:21 Md. R. 1858) Regulation .08E amended effective April 1, 2017 (43:26 Md. R. 1447) Regulation .08F, G adopted effective April 1, 2017 (43:26 Md. R. 1447) These regulations apply to hearings conducted under Correctional Services Article, §§8-114 and 8-115, Annotated Code of Maryland, as well as hearings otherwise required by statute or regulation. 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: Date, time, and place of the hearing; Legal authority and jurisdiction under which the hearing is to be held; Particular sections of statutes and rules, including rules of procedures, involved; Nature of the hearing; and Matters asserted, and issues involved, in a short and simple manner. Each party shall have the right, on every genuine issue to: Call witnesses and present evidence; Cross-examine each witness called by the agency or any other party; Submit rebuttal evidence; and Present summation and argument. 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 Chairman or presiding officer may postpone a hearing upon written request by any party, except that hearings conducted under Correctional Services Article, §8-115, Annotated Code of Maryland, may not be postponed without the express consent of the governing authority. Postponements may be granted for reasons satisfactory to the Chairman or presiding officer. The Commission shall maintain a record in each case which shall include: Pleadings, motions, intermediate and final rulings; Documentary evidence received or considered; A statement of matters officially noticed; Questions and offers of proof, objections, and final rulings on them; Proposed findings and exceptions; The final decision, opinion, or order issued as a result of the hearing; and A staff memorandum submitted to the Commission by any Commission employee. 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. If a party fails to appear at a hearing after due notice, the presiding officer may postpone the hearing in accordance with Regulation .07 of this chapter or, in his or her discretion, proceed upon the evidence and testimony submitted by those present at the hearing and upon all other evidence properly received. 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: The Commission members who heard the evidence shall prepare a proposal for decision, including findings of facts and conclusions of law, which shall be forwarded to each party or the party's attorney. Each party adversely affected by the proposal for decision may file exceptions and, upon request, present argument to a majority of the officials who are to render the final decision. Exceptions, and requests for argument on the exceptions, shall be filed within 15 days of the date of the Proposal for Decision. Exceptions, and requests for argument filed after that, may not be considered. A majority of the officials who are to render the final decision shall consider exceptions, argument, if any, and the whole record or such portions of the record as are cited by the parties, before rendering a final decision. The final decision shall be immediately forwarded to each party or the party's attorney. Request for Reconsideration. Each party may request reconsideration of a final decision. The request shall be directed to the official or officials who rendered the decision, and shall be filed within 10 days after receipt of the final decision by the party. The request shall state the grounds for reconsideration. The decision maker shall grant or deny the request, in whole or in part, within 30 days of its filing. The filing of a request for reconsideration may not stay a final decision and may not stay the time for filing an appeal from the final decision. 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. Each party aggrieved by a final decision is entitled to judicial review under State Government Article, §10-222, Annotated Code of Maryland, or as otherwise provided by law. Request for Stay. Each party seeking judicial review of a final decision may request a stay of the decision pending judicial review. A request for a stay shall be filed with the decision maker within 15 days of the date of the decision for which the stay is sought. A request for a stay shall include a statement of the reasons a stay is sought. A request for a stay shall include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review. The party requesting the stay shall serve a copy of the request on all parties. 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. State Government Article, Title 10, Subtitle 2; Correctional Services Article, Title 8, Subtitle 1; Annotated Code of Maryland Effective date: January 2, 1983 (9:26 Md. R. 2573) Regulation .02 repealed effective December 4, 1995 (22:24 Md. R. 1900)