Plain Text Law

Chapter 05. Maryland Tort Claims Act—Inmate Claims

Full chapter: Markdown · XML

Regulation .01 Scope.Copy Citation

HTML · MD · XML
This chapter applies to tort claims filed with the Treasurer pursuant to State Government Article, §12-107, by inmates who are confined in an institution within the Division of Correction or the Patuxent Institution.

Regulation .02 Process.Copy Citation

HTML · MD · XML
A.
When an inmate files a claim with the Treasurer, the Treasurer may suspend claims processing pending receipt of the decision of the Inmate Grievance Commission issued pursuant to COMAR 12.07.01.
B.
If the Treasurer elects to suspend claims processing pursuant to §A, above, the Treasurer shall:
(1)
Direct the inmate to file a complaint with the Inmate Grievance Commission, including with that complaint a copy of the Treasurer's notification requiring the inmate to file the complaint with the Inmate Grievance Commission; and
(2)
Notify the inmate that processing of the claim filed with the Treasurer shall be stayed pending the Treasurer's receipt of the Inmate Grievance Commission's decision on the inmate's complaint.
C.
The Treasurer may, in the Treasurer's discretion, waive the provisions of §§A and B, above, and process the claim in accordance with COMAR 25.02.03 without awaiting the decision of the Inmate Grievance Commission.

Regulation .03 Inmate Grievance Commission.Copy Citation

HTML · MD · XML
A.
If the Inmate Grievance Commission dismisses the inmate's complaint as wholly lacking in merit:
(1)
The Executive Director of the Inmate Grievance Commission shall notify the Treasurer of its decision; and
(2)
Upon receipt of notification of the Inmate Grievance Commission's decision, the Treasurer then shall process the inmate's claim in accordance with COMAR 25.02.03.
B.
If the Inmate Grievance Commission recommends to the Secretary of Public Safety and Correctional Services that the inmate be awarded monetary damages pursuant to COMAR 12.07.01.06, and the Secretary affirms the Inmate Grievance Commission's recommendation:
(1)
The Secretary of Public Safety and Correctional Services shall notify the Treasurer of the Secretary's decision;
(2)
Upon receipt of the Secretary's decision and subject to §B(3), below, the Treasurer then shall process the inmate's claim in accordance with COMAR 25.02.03; and
(3)
In processing the inmate's claim, the Treasurer may rely on fact-finding undertaken by the Inmate Grievance Commission in its review of the inmate's complaint.
C.
Payment of any award, compromise, or settlement of the inmate's tort claim pursuant to COMAR 25.02.03.07 shall be made through the State Insurance Trust Fund.
D.
The Treasurer shall notify the Secretary of Public Safety and Correctional Services of the Treasurer's approval or denial of the inmate's tort claim.
Chapter annotations
Authority: State Finance and Procurement Article, §§9-104 and 9-105; State Government Article, §12-101 et seq; Annotated Code of Maryland
History: Effective date: April 16, 1990 (17:7 Md. R. 853)