Chapter 04. Minimum Standards for Adult Correctional Institutions
Regulation .01 Standards — Security and Inmate Control.LinkCopy Citation
A.
The managing official shall have a written policy:
(1)
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:
(a)
Instances of justifiable self-defense;
(b)
Protection of others;
(c)
Protection of property; and
(d)
Prevention of escape;
(2)
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
(3)
Which prohibits an inmate from supervising, controlling, and exerting or assuming authority over other inmates.
B.
The managing official shall have a written policy and procedure:
(1)
Ensuring that all personnel, directly or indirectly involved, are informed of pertinent aspects of emergency security plans;
(2)
Governing the availability, control, accountability, storage, and use of firearms, ammunition, chemical agents, organic agents, restraining devices, communication apparatus, riot equipment, and other security-related equipment, which includes provisions for:
(a)
Secure storage outside inmate living and activity areas;
(b)
A current master listing;
(c)
Monthly inspection and inventory to determine condition, accountability, and operational status;
(d)
Specification of persons authorized access and use;
(e)
Designation of circumstances for use; and
(f)
A record of issue and inspection upon return;
(3)
Ensuring that authorized personnel are trained and qualified in the use, safety, and care of firearms, chemical agents, and other security-related equipment;
(4)
Providing for the supervision of inmates, which includes provisions for:
(a)
One recorded count per shift;
(b)
A security round or rounds on each shift of inmate living areas recorded by the observing facility personnel;
(c)
Monitoring of an inmate in the community to verify the inmate's whereabouts;
(d)
Drug and alcohol testing of an inmate;
(e)
Secure and orderly movement of an inmate; and
(f)
Weekly recorded inspection by security personnel of locks, bars, windows, doors, and the facility perimeter;
(5)
Governing the search of the facility, vendors, vehicles, inmates, visitors, and staff, which includes provisions for:
(a)
A personnel search according to established policies;
(b)
A semiannual recorded search of inmate living and program and activity areas;
(c)
A recorded search of an inmate involved in community activities;
(d)
Searches of other inmates;
(e)
A recorded search of a vehicle which enters a secured perimeter;
(f)
A search of a visitor performed in accordance with established policies;
(g)
Protection of inmate property;
(h)
A receipt to be given to an inmate whose personal property is confiscated and identified as returnable;
(i)
Chain of custody and the preservation of evidence according to established policies;
(j)
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;
(k)
A strip search of an inmate to be performed in private by facility personnel of the same sex; and
(l)
Instruction of security personnel in search regulations;
(6)
Governing the availability, control, storage, and use of facility keys, which includes provisions for:
(a)
Secure storage outside inmate living and activity areas;
(b)
Quarterly inspection to determine condition;
(c)
Daily inventory to ensure accountability;
(d)
Specification of those individuals authorized access and use;
(e)
A record of issue and return;
(f)
A duplicate key for each lock;
(g)
Designation of emergency and restricted keys; and
(h)
A current master listing;
(7)
Governing the availability, control, storage, and use of tools, which includes provisions for:
(a)
Secure storage outside inmate living and activity areas;
(b)
Quarterly inspection to determine condition;
(c)
Daily inventory to ensure accountability;
(d)
Specification of individuals authorized to use the tools;
(e)
A record of issue and return; and
(f)
A current master listing;
(8)
Governing the transportation of an inmate outside the facility, which includes provisions for:
(a)
Current weapons qualification and required motor vehicle licensure of an individual authorized to transport;
(b)
Designation of circumstances which warrant the use of firearms, chemical agents, and restraining equipment;
(c)
Protection of inmates, staff, the public, and property; and
(d)
Appropriate response in the event of an accident;
(9)
Governing the admission of a newly received inmate to an initial reception facility, which includes provisions for:
(a)
Verification of legal commitment;
(b)
Search of an inmate in accordance with applicable case law;
(c)
A system of positive identification of an inmate; and
(d)
Collection of personal data;
(10)
Governing the release of an inmate, which includes provisions for:
(a)
Verification of identity;
(b)
Authentication of authorization to discharge the inmate; and
(c)
Notification to affected agencies and individuals as required by law or regulation; and
(11)
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:
(a)
Identification of individuals authorized to place an inmate in and remove an inmate from special confinement;
(b)
Designation of circumstances and conditions warranting assignment and release;
(c)
Specification of time frames, methods, and those individuals authorized to review status;
(d)
Access to services, programs, and activities consistent with the inmate's status; and
(e)
Maintenance of supervision records of specified activities and occurrences.
C.
The managing official shall provide living quarters for male and female inmates which are separate and ensure privacy.
D.
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:
(1)
Documented coordination with appropriate responding agencies and organizations;
(2)
Specific description of staff duties and responsibilities, including record keeping of all significant activities;
(3)
Placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable;
(4)
Availability and use of an emergency communications system in urgent, special, or unusual conditions;
(5)
Designation of an appropriate location to serve as an operations center during the emergency; and
(6)
Specification of the requirements to ensure command and control of the situation.
E.
The managing official shall have a written post order, acknowledged by appropriate personnel, at every security position.
Regulation .02 Standards — Inmate Safety.LinkCopy Citation
A.
The managing official shall have a written policy and procedure:
(1)
Ensuring that the facility meets all fire safety regulations as verified by an annual inspection by authorized representatives of the State Fire Marshal;
(2)
Requiring facility personnel with documented training in fire safety practices to perform monthly internal inspections to monitor compliance with fire safety and prevention regulations;
(3)
Ensuring that all personnel are informed of the disaster plans in §B of this regulation;
(4)
Ensuring 24-hour emergency medical services, including provisions for:
(a)
Access to health care facilities and qualified health care personnel;
(b)
Designation of first-aid kit content and location, approval by qualified health care personnel, and monthly inventories to determine supply; and
(c)
An individual with current certification in basic first aid and cardiopulmonary resuscitation in inmate living and activity areas during each shift;
(5)
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;
(6)
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;
(7)
For the dispensing of prescribed medication, which includes provisions for:
(a)
Prescription initiation by authorized individuals;
(b)
Designation of the method for the filling of prescription orders; and
(c)
Specification of the system of packaging and labelling of prescription medication;
(8)
For the administration of prescription and over-the-counter medication, which includes provisions for:
(a)
Standing orders or protocol approved by the physician in charge;
(b)
Instruction of nonmedical personnel on the proper method of administration of medication by qualified health care personnel;
(c)
A record of the administration and refusal of medications; and
(d)
Designation of circumstances warranting inmate self-administration;
(9)
Governing the availability, control, storage, and management of prescription, stock, and over-the-counter medication, which includes provisions for:
(a)
Secure storage outside inmate living and activity areas;
(b)
Specification of individuals having access and use;
(c)
Recorded disposal of unused and expired medications;
(d)
A weekly inventory of controlled substances;
(e)
Handling of personal medication of a newly admitted inmate; and
(f)
Handling of personal medication and facility-prescribed medication for an inmate transferred or released;
(10)
Governing the availability, control, storage, and use of needles, syringes, and instruments, which includes provisions for:
(a)
Secure storage outside inmate living and activity areas;
(b)
Specification of individuals having access and use;
(c)
Quarterly inspection to determine condition;
(d)
Weekly inventory to determine accountability;
(e)
Disposal of needles and syringes according to established regulations;
(f)
Maintenance of a record of the use of needles and syringes; and
(g)
A current master listing of medical and dental instruments;
(11)
Ensuring that health care personnel who provide services to inmates have current credentials, certifications, or licenses required by the State;
(12)
Providing for the routine health examination of inmates according to established guidelines;
(13)
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;
(14)
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;
(15)
Governing the identification, housing, treatment, supervision, and referral of a mentally ill inmate, which includes provisions for:
(a)
Access to qualified mental health professionals;
(b)
Identification of community resources available to assist;
(c)
Specification of the process of evaluation and referral;
(d)
Designation of the method for referral to community resources according to established guidelines;
(e)
Development of comprehensive plans for treatment and care;
(f)
Maintenance of supervision records of specified activities and occurrences; and
(g)
Identification of separate and distinct living quarters; and
(16)
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.
B.
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:
(1)
Documented coordination with appropriate responding agencies and organizations;
(2)
Specific description of staff duties and responsibilities;
(3)
Full, partial, and medical evacuation addressing:
(a)
The handling of injured individuals;
(b)
Security considerations;
(c)
Instructions for responding emergency personnel and vehicles; and
(d)
Movement of affected individuals to safe areas;
(4)
The placement and housing of inmates within the facility and at alternate sites when the facility or portions of it are rendered uninhabitable;
(5)
Quarterly fire drills during each shift which include inmates, unless their inclusion compromises security;
(6)
A written evacuation plan that conforms to federal, State, and local fire safety codes; and
(7)
An annual review that includes:
(a)
Building interior diagram or floor plan;
(b)
Marked exits;
(c)
Directional symbols; and
(d)
Locations of posted evacuation diagrams.
C.
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.
D.
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.
E.
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.
Regulation .03 Standards—Inmate Food Services.LinkCopy Citation
A.
The managing official shall have a written policy and procedure:
(1)
Requiring that a menu be approved annually by a registered dietitian;
(2)
Ensuring that three meals a day are served, with not more than a 14-hour interval between the evening meal and breakfast;
(3)
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;
(4)
Ensuring that an individual involved in the preparation and handling of food complies with health department regulations regarding personal hygiene and clothing;
(5)
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;
(6)
Ensuring that personnel continuously supervise the food service operation;
(7)
Requiring weekly sanitation inspections of food preparation, food storage, food service, and dining areas; and
(8)
Governing the availability, control, storage, and use of kitchen utensils, which includes provisions for:
(a)
Secure storage outside inmate living and activity areas,
(b)
Daily inventory to ensure accountability,
(c)
Quarterly inspection to determine condition,
(d)
A record of issue and return,
(e)
Specification of individuals authorized access and use, and
(f)
A current master listing.
B.
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.
C.
The managing official shall have a written policy which prohibits the use of food as punishment or reward.
Regulation .04 Standards — Inmate Housing and Sanitation.LinkCopy Citation
A.
The managing official shall have a written policy and procedure:
(1)
Governing the availability, control, storage, and use of flammable, toxic, and caustic materials, which includes provisions for:
(a)
Secure storage outside inmate living and activity areas;
(b)
Quarterly inspection and inventory to determine condition and accountability;
(c)
Specification of individuals authorized access and use; and
(d)
A record of issue and disposal;
(2)
Requiring weekly sanitation inspections of internal and external facility areas;
(3)
Governing facility housekeeping, which includes provisions for:
(a)
Specific description of staff and inmate duties and responsibilities;
(b)
Quarterly vermin and pest control services;
(c)
Weekly trash removal;
(d)
A secure paper or plastic receptacle for daily disposal of soiled menstrual hygiene products; and
(e)
Weekly removal of paper or plastic receptacles containing soiled menstrual hygiene products;
(4)
Governing the availability and distribution of personal hygiene articles, which includes provisions for:
(a)
The issue of no-cost personal hygiene articles to an inmate at the time of admission to a facility;
(b)
The issue of no-cost personal hygiene articles to an indigent inmate;
(c)
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;
(d)
Routine commissary access for the purchase of personal hygiene articles; and
(e)
A record of inventory for menstrual hygiene products;
(5)
Providing for a record of the issue and return of clothing to an inmate, unless personal clothing is allowed;
(6)
Providing for a record of the issue and return to an inmate of mattresses, pillows, sheets, pillow cases, towels, wash cloths, and blankets;
(7)
Providing for weekly laundering and accountability of issued and personal clothing and linens;
(8)
Providing for the management of inmate personal property, which includes provisions for:
(a)
Designation of property limitations;
(b)
A listing of all property confiscated;
(c)
The signature of inmate and personnel upon confiscation and return;
(d)
A semiannual inventory of property retained by the facility;
(e)
Replacement of damaged or lost items;
(f)
Recorded disposition of property abandoned by an inmate; and
(g)
Recorded modifications to the established listing.
B.
The managing official shall ensure that the facility provides sufficient toilet, shower, and bathing accommodations to maintain basic health and personal hygiene.
Regulation .05 Standards — Inmate Rights.LinkCopy Citation
A.
The managing official shall have a written policy which:
(1)
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;
(2)
Establishes inmate protection from physical and mental abuse, and harassment by personnel that includes a zero tolerance for sexual abuse and sexual harassment providing for:
(a)
Facility response;
(b)
Access to medical health care; and
(c)
Access to mental health counseling and support;
(3)
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
(4)
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.
B.
The managing official shall have a written policy and procedure:
(1)
Regarding inmate legal matters, which includes provisions for:
(a)
Access to the courts;
(b)
Availability of legal reference materials;
(c)
Handling of legal mail;
(d)
Confidential visits with legal counsel and their authorized representatives; and
(e)
Use of the telephone for legal purposes;
(2)
Which permits an inmate to practice a religion of choice, subject only to the restrictions necessary to maintain facility order and security;
(3)
Governing the handling of inmate correspondence and packages, including provisions for postage allowance for an indigent inmate;
(4)
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:
(a)
Emergency plans response;
(b)
Classification process;
(c)
Rules, regulations, and disciplinary procedures;
(d)
Complaint process;
(e)
Search practices;
(f)
Access to case record procedures;
(g)
Programs and services regulated by standards; and
(h)
Access to sick call procedures;
(5)
Providing the facilities, equipment, personnel, and opportunity for regular exercise which specifies the circumstances, frequency, schedule, and length of exercise periods;
(6)
Providing for a formal internal complaint system and ensuring that personnel having direct contact with inmates are informed;
(7)
Permitting an inmate reasonable contact with the media;
(8)
Governing visitation which specifies the circumstances, frequency, schedule, and length of the visitation period; and
(9)
Governing inmate access to telephones which specifies the circumstances, frequency, schedule, and length of calls.
Regulation .06 Standards—Classification.LinkCopy Citation
The managing official shall have a written policy and procedure:
A.
Establishing a classification process to determine housing, job, and other assignments, which includes provisions for:
(1)
Initial inmate classification within 45 days of admission and reclassification according to established guidelines,
(2)
Designation of individuals involved in decision making,
(3)
Criteria for decision making,
(4)
Inmate appearance during classification actions and conditions under which an inmate may initiate a status review,
(5)
Routine assessment of security and program needs,
(6)
A record of decisions and rationale,
(7)
Review of all recommendations and decisions by the managing official or designee, and
(8)
An appeal process; and
B.
Ensuring that individuals involved in classification decision making are informed of the classification process.
Regulation .07 Standards—Hearings.LinkCopy Citation
The managing official shall have a written policy and procedure:
A.
Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for:
(1)
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;
(2)
Inmate appearance at the disciplinary hearing:
(a)
Within 9 days, excluding holidays and weekends, of the alleged infraction; and
(b)
Not less than 24 hours after notification of charges, unless waived by the inmate;
(3)
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;
(4)
A record of hearing decisions and rationale;
(5)
Review by the managing official or designee of hearing decisions adverse to the inmate;
(6)
An appeal process; and
(7)
A report of all hearing decisions to the managing official or designee; and
B.
Ensuring that an individual having direct contact with inmates is informed of the facility rules, regulations, and disciplinary procedures.
Regulation .08 Standards — Administrative Record Keeping.LinkCopy Citation
The managing official shall have a written policy and procedure:
A.
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:
(1)
Identification of individuals authorized to approve access;
(2)
Specific designation of materials subject to disclosure and restriction in accordance with applicable statutes and regulations;
(3)
A release of information consent form;
(4)
A record of access decisions; and
(5)
An appeal process for those individuals who are denied access;
B.
Which provides for the accurate computation and recording of good conduct, industrial, and special projects credit in accordance with applicable statutes and regulations;
C.
Governing the management of inmate funds, which includes provisions for:
(1)
Confiscation and receipting of monies upon admission, unless retention is otherwise authorized;
(2)
Establishment of an inmate account;
(3)
A record of financial transactions, including transfer to other facilities; and
(4)
Recorded return of funds upon release;
D.
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;
E.
Requiring a complete case record for each inmate, which includes provisions for:
(1)
Secure storage outside inmate living and activity areas;
(2)
Specification of file content and order;
(3)
A date and signature on all documents and entries;
(4)
Establishment of a records retention schedule with documentation of disposition; and
(5)
Transfer of pertinent records to other correctional facilities;
F.
To ensure compliance with Correctional Training Commission employee background checks; and
G.
To ensure compliance with Correctional Training Commission training requirements.
Chapter annotations
Authority: Correctional Services Article, §§4-214 and 9-616 and Title 8, Subtitle 1, Annotated Code of Maryland
History: Effective date: April 26, 1982 (9:8 Md. R. 823)
History: 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)
History: Regulations .01 and .02 repealed and new Regulations .01—.08 adopted effective December 4, 1995 (22:24 Md. R. 1900)
History: Regulation .01B amended effective April 1, 2017 (43:26 Md. R. 1447)
History: Regulation .02A amended effective September 29, 2003 (30:19 Md. R. 1334)
History: Regulation .02B amended effective April 1, 2017 (43:26 Md. R. 1447)
History: Regulation .04A amended effective November 18, 2019 (46:23 Md. R. 1066)
History: Regulation .05A amended effective April 1, 2017 (43:26 Md. R. 1447)
History: Regulation .07A amended effective October 29, 2001 (28:21 Md. R. 1857)
History: Regulation .08E amended effective April 1, 2017 (43:26 Md. R. 1447)
History: Regulation .08F, G adopted effective April 1, 2017 (43:26 Md. R. 1447)